Virginia Democrats Petition U.S. Supreme Court to Reinstate Redistricting Amendment After State Court Ruling

Virginia Democrats have asked the U.S. Supreme Court to intervene after the Virginia Supreme Court invalidated a voter-approved constitutional amendment that established a bipartisan redistricting commission. Virginia Attorney General Jay Jones filed an emergency petition on Monday, requesting that the justices block the state court’s ruling and reinstate the amendment.

The Virginia Supreme Court ruled last week that the amendment, which voters approved in 2020, was unconstitutional. The court found that the amendment’s creation of a commission to draw congressional and state legislative maps violated the state constitution’s separation of powers by delegating core legislative functions to an unelected body. The ruling effectively overturned the referendum and returned full redistricting authority to the General Assembly.

In their petition, the Democrats argue that the state court’s decision violates the Elections Clause of the U.S. Constitution, which they say grants state legislatures the authority to prescribe the times, places, and manner of elections. They contend that by striking down the voter-approved amendment, the court disenfranchised millions of Virginians who voted for the redistricting reform.

The New York Post reported that the referendum had cleared the way for what it described as aggressive gerrymandering. The Washington Examiner characterized the amendment as a voter-approved Democratic gerrymander of the state’s congressional maps. Both outlets noted that the state court’s ruling halted a process that could have favored Democrats in future elections. According to the Washington Examiner, the nullification of the amendment returns redistricting power to the Republican-controlled General Assembly.

ABC News reported that the Virginia Supreme Court’s decision overturned the vote on a new congressional map. The court’s ruling came after a legal challenge argued that the commission structure improperly removed the legislature’s role.

The emergency petition to the U.S. Supreme Court is considered a long-shot by the Washington Examiner, but Democrats are pressing for a stay while they pursue further appeals. The U.S. Supreme Court has not yet indicated whether it will take up the case. The dispute highlights ongoing tensions over redistricting processes and the role of voter-approved initiatives in shaping election maps.

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