Virginia Supreme Court Considers Gerrymandering Case

The Virginia Supreme Court heard arguments on a case known as Scott v. McDougle on Monday. This case, initially presented to Judge Jack Hurley Jr. in Tazewell County Circuit Court, could potentially determine if Virginia adopts gerrymandered maps that may allow Democrats to secure 10 out of 11 seats in the state House during the upcoming midterm elections.

Virginia voters supported a redistricting referendum on April 21. However, the following day, Mr. Hawley halted the certification of the results, much to the dismay of Democrats eager to have them recognized.

In January, Hawley ruled that the constitutional amendment, which was finalized by the April 21 vote, was unlawful. He later stated, on April 22, in a related case concerning the amendment, Koski v. Republican National Committee, that:

• The Virginia General Assembly had illegally taken powers from the Virginia Redistricting Commission.
• Calling for a special election regarding the amendment did not comply with the Virginia Constitution’s requirements regarding filing, timing, and legal form.
• “All votes for and against the proposed constitutional amendment in the April 21, 2026 special election are null and void.”

The ruling favored the Republican plaintiffs in the Koski case, stating that “numerous violations of the constitutional amendment process and the actions of Congress members would cause irreparable harm without permanent injunctive relief.” It suggested that proceeding with a zoning change could harm Griffith irreparably.

On April 24, Virginia Attorney General Jay Jones (D) sought an emergency stay against Hawley’s order related to the Koski case.

However, the Virginia Supreme Court dealt a setback to Jones and fellow Democrats on Tuesday by denying the emergency stay they sought.

Ken Cuccinelli, a former Republican Congressman from Virginia, expressed optimism, remarking that the court’s refusal to approve the Democrats’ motion is a “positive ‘tea leaf.'” He suggested that if the Virginia Supreme Court believed the referendum would hold up, they would have lifted the injunction preventing the counting and certification of votes.

Republican Delegate Ren Williams remarked that the same Supreme Court which allowed a referendum in March to seek voter input declined to overturn a ruling that found flaws in the constitutional amendment process, indicating that the procedure indeed matters in Virginia.