Virginia Supreme Court Invalidates Voter-Approved Congressional Map in 4-3 Ruling

By A. Martínez

*NPR*

*Published: 2026-05-11*

Virginia Democrats are weighing their next steps after the state's Supreme Court, in a 4-3 decision, invalidated a congressional election map that voters had approved in an April referendum. The court ruled that Democrats did not follow proper procedures in placing the referendum on the ballot. Three justices dissented, arguing in favor of upholding the voter-approved map.

The decision disrupts Democratic plans for the map, which they anticipated would enable them to secure additional seats in the U.S. House of Representatives. NPR's A Martínez spoke with Reid Epstein, a national political correspondent for *The New York Times*, about the implications and potential responses from Virginia Democrats.

Epstein reported that House Minority Leader Hakeem Jeffries participated in a weekend call with members of Virginia's congressional delegation. During the discussion, participants considered legislation to lower the mandatory retirement age for state judges below the age of the youngest current justice on the Supreme Court. According to Epstein's reporting, this measure would require the entire court to vacate its seats, allowing the Democratic-controlled state legislature to appoint new justices.

Martínez asked Epstein about the feasibility of such a move. Epstein noted that implementing it would demand action within days to allow time for new maps before the midterm elections later this year. He added that some state lawmakers he spoke with over the weekend indicated it remained possible if pursued aggressively, though the tight timeline makes it challenging. Epstein described the idea as an extreme measure but did not characterize it further.

Virginia Governor Abigail Spanberger, a Democrat, has not publicly commented on the proposal to alter judicial retirement rules. Epstein observed that Spanberger expressed limited enthusiasm for the initial redistricting amendment process prior to its invalidation, including during her gubernatorial campaign last year. However, Spanberger publicly supported the voter referendum that approved the new map in April.

In addition to political options, Virginia Democrats have pursued legal avenues. House Speaker Don Scott, a Democrat, filed a motion to pause the Supreme Court's ruling pending further review. The party also plans to appeal the decision to the U.S. Supreme Court, according to statements from Democratic leaders.

The ruling comes amid ongoing national battles over congressional redistricting. According to a *New York Times* tally cited by Epstein, Republicans have secured a net gain of approximately 10 seats through redistricting efforts across various states since the process intensified in Texas last summer. Epstein noted that these disputes represent a mid-decade redistricting conflict, with both Republican- and Democratic-led states attempting to redraw maps in ways that favor their parties.

Martínez inquired about the broader context of gerrymandering. Epstein explained that the practice dates to the early 19th century in Massachusetts, where the term originated, and has persisted throughout U.S. history. However, he highlighted the unusual nature of the current cycle, marked by reciprocal actions between states controlled by each party to reshape congressional districts.

Epstein offered his perspective on the political climate, stating, "I am a bit of a doomer on where our politics are at, frankly." He added that predictions that conditions cannot worsen have often proven incorrect.

The Virginia case underscores the procedural and legal complexities of redistricting. The state constitution grants the General Assembly primary authority over district lines, but a 2020 amendment established an independent commission. Democrats, holding legislative majorities, pursued the referendum after disputes with the commission.

Nationwide, redistricting has produced mixed outcomes. Republicans have enacted maps in states like Florida, Georgia, and Texas that courts or commissions have upheld or challenged with varying success. Democrats, meanwhile, have advanced favorable maps in states including Illinois, Maryland, and New York, though some faced judicial scrutiny. For instance, New York's Democratic-drawn map was rejected by state courts earlier this decade, leading to court-appointed alternatives.

In Virginia, the invalidated map would have altered districts currently held by Republicans, potentially shifting four seats based on Democratic projections. Current projections from nonpartisan analysts, such as those from the Cook Political Report, suggest Virginia's existing map favors Republicans slightly, with Democrats holding seven of 11 seats.

Legal experts anticipate the appeal process could extend beyond the midterms if accepted by the U.S. Supreme Court. The high court has previously ruled on partisan gerrymandering, declining in 2023 to impose federal limits on the practice, leaving it largely to state courts and legislatures.

Democratic leaders emphasized procedural compliance in statements following the ruling. "We respect the court's decision but believe voters' will should prevail," Scott said in a public release announcing the pause motion.

Republicans welcomed the outcome. Virginia GOP Chairwoman Anne Ferrell Tyson stated, "This upholds the rule of law and protects fair elections."

As Democrats navigate these options, the episode highlights tensions between voter initiatives, legislative authority, and judicial oversight in electoral mapmaking. With midterms approaching, any resolution will influence House control, where Republicans currently hold a narrow majority.

Epstein's reporting aligns with broader coverage of redistricting's role in congressional power dynamics. The *New York Times* analysis of net seat changes accounts for maps enacted or upheld through mid-2026, though final tallies may shift with ongoing litigation.

Martínez concluded the discussion by thanking Epstein. "Reid Epstein is a national political correspondent for *The New York Times*. Reid, thank you," Martínez said. Epstein replied, "Thank you."

This development in Virginia is part of a larger pattern where 187 congressional districts nationwide have been redrawn since the 2020 census, per Princeton Gerrymandering Project data. Both parties have leveraged state legislative majorities and ballot measures, resulting in approximately 20 seats changing partisan hands.

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