Supreme Court leaves Virginia redistricting ruling in place ahead of midterms

The U.S. Supreme Court has kept Virginia’s current congressional map in place for the 2026 midterms, leaving a voter-approved redistricting overhaul void and preserving the state’s existing 6-5 partisan split. The brief, unsigned order gave no explanation and recorded no dissents, ending for now a Democratic effort that could have produced a map described as tilting the delegation as far as 10-1 in their favor.

At issue was a May 8, 2026, 4-3 ruling from the Supreme Court of Virginia in Scott v. McDougle, written by Justice D. Arthur Kelsey. The state court found that the General Assembly violated Article XII, Section 1 of the Virginia Constitution when it advanced the proposed amendment in a disputed special session in October 2025, after voting in the House of Delegates election had already begun. That procedural violation, the court said, was enough to invalidate the path used to place the measure before voters.

Virginians still went to the polls on April 21 in a special election and approved the amendment by 1,604,276 votes to 1,499,393, a margin of about 3.38 percent. More than 3.1 million Virginians participated. But after the state high court’s ruling, Virginia election officials said the special election was void and that they would take no further action on it, effectively closing off the path to a mid-decade redraw before the 2026 midterms.

Governor Abigail Spanberger said she was disappointed by the state court ruling and argued the issue should be settled by voters in November. Attorney General Jay Jones filed the stay request at the U.S. Supreme Court and signaled an appeal. Republicans framed the outcome as a victory for the rule of law and a boost in the broader national fight over congressional maps and control of the U.S. House.

The Virginia case now stands as a sharp reminder that even voter-backed redistricting reforms can be undone when courts find the process unconstitutional. It also underscores how much power remains with state legislatures, state courts and, ultimately, the U.S. Supreme Court when the fight over political maps collides with the calendar of an election year.