Virginia Redistricting Bill Faces Court Setback

Judge blocks proposed constitutional amendment for off-year congressional redistricting referendum

Jan. 27, 2026 at 8:15pm

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A Tazewell County Circuit Court judge has issued an injunction against a proposed constitutional amendment that would have allowed the Virginia General Assembly to conduct congressional redistricting outside the usual 10-year cycle aligned with U.S. Census results. The judge agreed with a lawsuit filed by three Republican state legislators who claimed the amendment was unconstitutionally approved for public vote before the next subsequent November election.

Why it matters

This ruling is a setback for Democratic legislators' plans to reshape Virginia's congressional districts ahead of the 2026 midterm elections. The decision highlights ongoing partisan battles over redistricting, which can significantly impact the balance of power in Congress.

The details

The judge agreed with the Republican legislators' argument that the General Assembly violated its own rules by approving the redistricting amendment for public vote before the next November election, even though early voting had already begun. The Democratic legislative leaders have vowed to appeal the ruling, calling it "court-shopping" by Republicans "who can't win at the ballot box."

  • The General Assembly approved the constitutional amendment for public vote during the October 2025 special session.
  • Early voting for the November 2025 election began in September 2025.

The players

Jack Hurley, Jr.

Tazewell County Circuit Court Judge who issued the injunction against the proposed redistricting amendment.

Ryan McDougle

Republican state Senator and legislative commissioner for Virginia's Redistricting Commission.

William Stanley, Jr.

Republican state Senator who joined the lawsuit against the redistricting amendment.

Terry Kilgore

Republican member of the Virginia House of Delegates who joined the lawsuit.

Don Scott

Speaker of the Virginia House of Delegates.

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What they’re saying

“Nothing that happened today will dissuade us from continuing to move forward and put this matter directly to the voters.”

— Don Scott, Speaker of the Virginia House of Delegates; L. Louise Lucas, Senate President Pro Tempore; Scott Surovell, Senate Majority Leader; Charniele Herring, House Majority Leader; Mamie Locke, Senate Democratic Caucus Chair; Kathy Tran, House Democratic Caucus Chair

“I'm pleased the Court recognized the unconstitutional nature of the effort to gerrymander Virginia. Virginia voters should continue to choose their representatives, not have their representatives chosen for them by partisan deals in Richmond.”

— Todd Pillion, Republican state Senator

“It's a victory not only for the millions of Virginians who supported nonpartisan redistricting, but also for the rule of law. Legislative majorities are powerful, but they must obey the Constitution of Virginia and the laws of our Commonwealth to use that power.”

— Terry Kilgore, Republican member of the Virginia House of Delegates

What’s next

The Democratic legislative leaders have said they will appeal the court's ruling immediately.

The takeaway

This case highlights the ongoing partisan battles over redistricting in Virginia and the broader debate over when and how states should redraw congressional district boundaries. The court's decision is a setback for Democratic efforts to reshape the state's political landscape ahead of the 2026 midterm elections.