In a massive blow to Virginia Democrats and the national party’s hopes for the midterms, the Virginia Supreme Court threw out the 10-1 gerrymander passed narrowly by voters last month as unconstitutional, finding its result “null and void.”
The Court’s 4-3 ruling is a vindication for critics like former attorneys general Jason Miyares and Ken Cuccinelli, both of whom were loud critics of the process that put the referendum on the ballot in the first place.
If Abigail Spanberger and Virginia Democrats had paid attention my October 2025 AG’s Opinion that made clear this scheme was unconstitutional and illegal, they could have saved more than $70 million, countless headaches, and months of obnoxious television ads defending the… https://t.co/787vvZRHZD
— Jason Miyares (@JasonMiyaresVA) May 8, 2026
This wasn’t even about the bizarre nature of the Democrat-favoring map itself, with its now notorious lobster-shaped district. The court ruled that the General Assembly failed to meet the Commonwealth’s constitutional requirements, which include an intervening election. The fact that early voting had already led to almost half of Virginia voters casting their ballots meant the session that General Assembly Democrats used to spark the referendum process in an October 31 vote didn’t pass muster.
“While the Commonwealth is free by its lights to do the right thing for the right reason, the Rule of Law requires that it be done the right way,” Justice Arthur Kelsey wrote for the majority.
Everyone involved on the Democratic side now has egg on their face. The 10-1 redistricting referendum dominated the political conversation of Gov. Abigail Spanberger’s first months in office, squandering any goodwill among independents toward the faux-moderate. It set a pile of money on fire to the tune of more than $70 million from Democrats nationwide pouring into ads, promotions, and social media.
Spanberger isn’t the only victim of this hubris, caught as she was in an immediate flip-flop on the issue and forced by state Senate President pro tempore Louise Lucas — the most powerful Democrat in Richmond, who this week had her offices and businesses raided by the FBI — to accept such an extreme map. National Democrats flocked to push for the measure, including noted constitutional scholar Barack Obama.
Virginia, if you haven’t done it already, make a plan to vote YES on the redistricting referendum.
You can vote early by April 18 or on Election Day, April 21. Find your polling place at https://t.co/vsawTNnoax. pic.twitter.com/NiCTBpS10I
— Barack Obama (@BarackObama) April 17, 2026
The Democrats still have major backing heading into the midterms, and history says they should sweep into power in the House of Representatives. But their biggest investment and most extreme move in the redistricting game blew up in their faces, and Virginians can rejoice that the state Supreme Court found their methods to violate the rules and the law.
As for House Democrats, this statement to Axios, offered on condition of anonymity, is a good summary of their mood: “F*****ck!!”
