Virginia Supreme Court to Decide Fate of Gerrymandering Referendum

Ruling could impact Congressional map and 2022 midterm elections

Published on Feb. 12, 2026

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The Virginia Supreme Court is set to rule on the legality of a proposed statewide referendum that would give state lawmakers the power to redraw federal Congressional districts. A circuit court judge previously ruled that Democrats did not follow proper procedures when initiating the constitutional amendment, which could delay any new maps until after the 2027 legislative elections. Both parties are closely watching the high court's decision, which could have major implications for the balance of power in the U.S. House of Representatives.

Why it matters

The outcome of this case will determine whether Virginia's Congressional map is redrawn before the 2022 midterm elections, potentially handing Democrats up to four additional House seats and leaving just one Republican in the federal delegation. The decision could also set a precedent for how states approach redistricting in the future.

The details

In late January, a circuit court judge in conservative Tazewell County ruled that Virginia Democrats did not follow proper procedures when initiating a constitutional amendment to allow state lawmakers to redraw Congressional districts. The judge said the amendment should not count as the first step in the multi-step process to change the state constitution, since early voting was already underway when the General Assembly first passed it last October. If the Virginia Supreme Court agrees, new maps could not be enacted until after the next legislative election in 2027 - a major setback for Democrats' hopes of winning back the House this fall.

  • The Virginia Supreme Court has the next opening on its docket for a new case on March 2, 2026.
  • Early voting in Virginia is scheduled to begin the same week as the Supreme Court's next hearing.

The players

Abigail Spanberger

The Democratic governor of Virginia who signed legislation scheduling the statewide referendum on redistricting.

Jack Hurley

The circuit court judge in Tazewell County who ruled that Virginia Democrats did not follow proper procedures when initiating the constitutional amendment on redistricting.

Tim Anderson

A former Republican state delegate and practicing attorney who said the Virginia Supreme Court's decision on whether there was an "intervening election" will determine the fate of the redistricting amendment.

Jay O'Keeffe

A left-leaning appellate attorney based in Roanoke who has argued before the Virginia Supreme Court and expects the justices to approach the case in a non-partisan manner.

Steve Emmert

A retired appellate lawyer who said the Virginia Supreme Court will try to "call it right down the middle" and provide the parties with much-needed certainty on the redistricting issue.

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What they’re saying

“If they answer the question that there was not an intervening election, which, that's the big one … then the redistricting is dead. If they say that there was an intervening election, then the redistricting amendment will go forward.”

— Tim Anderson, Former Republican state delegate and practicing attorney (Politico)

“The justices I've dealt with don't seem to see themselves as political actors. But you could imagine a more progressive court … approaching the whole job of judging in a different way.”

— Jay O'Keeffe, Left-leaning appellate attorney (Politico)

“In matters like this, the Supreme Court is going to try to call it right down the middle, and not on a political basis. What the parties need now is certainty, and they need it soon.”

— Steve Emmert, Retired appellate lawyer (Politico)

What’s next

The Virginia Supreme Court is scheduled to hear arguments on the redistricting case on March 2, 2026, the same week that early voting is set to begin in the state.

The takeaway

This case highlights the high stakes and partisan tensions surrounding redistricting, which can have major implications for the balance of power in Congress. The Virginia Supreme Court's ruling will be closely watched as it could set an important precedent for how states approach the redistricting process in the future.