Virginia Democrats moved quickly Friday to keep alive a high-stakes redistricting battle with major implications for control of the U.S. House, signaling plans to ask the U.S. Supreme Court to delay enforcement of a Virginia Supreme Court ruling that struck down a Democrat-backed congressional map referendum.
The motion, filed jointly by the Commonwealth of Virginia and Democratic legislative leaders including state House Speaker Don Scott, state Senate Majority Leader Scott Surovell, and state Senate President Pro Tempore L. Louise Lucas, asks the Virginia Supreme Court to pause issuance of its mandate while state Democrats pursue a long-shot appeal to the nation’s highest court.
“The Commonwealth and Appellants intend to file an Emergency Petition to the Supreme Court of the United States,” the filing stated. Chief Justice John Roberts, an appointee of former President George W. Bush who oversees emergency petitions stemming from Virginia, will handle the request when it is filed and decide whether to refer the matter to the full court for consideration.
The notice to appeal came just hours after Virginia’s high court ruled 4-3 that Democrats failed to comply with state constitutional procedures required to place the amendment before voters. The majority found there was no valid “intervening election” between legislative approvals because early voting for the November 2025 election had already begun before lawmakers passed the amendment the first time.
The ruling invalidated an April 21 referendum that voters had approved by a narrow margin and that would have shifted the state’s congressional split from 6-5 in their favor to 10-1 ahead of the 2026 midterm elections, potentially netting Democrats four additional House seats.
The case has already become a flash point in the broader national redistricting war between the two parties as both sides seek to gain advantages in the narrowly divided House.
Still, Democrats face a difficult road at the nation’s highest court because the dispute centers primarily on interpretation of Virginia’s Constitution and election procedures, areas where the nation’s high court typically lacks jurisdiction absent a federal constitutional issue. The Virginia Supreme Court’s ruling dealt with a violation of the Virginia Constitution.
Virginia Attorney General Jay Jones, a Democrat whose office defended the amendment, blasted the ruling earlier Friday as politically motivated.
“The Supreme Court of Virginia has chosen to put politics over the rule of law,” Jones said, accusing the court’s Republican-appointed majority of “contort[ing] the plain language of the Constitution.”
Eric Wessan, a Republican solicitor general for the Iowa Attorney General’s office, opined in an X post that he was “skeptical” the Supreme Court would stall the lower court’s judgement from Friday.
VIRGINIA SUPREME COURT BLOCKS REDISTRICTING REFERENDUM AND INVALIDATES NEW CONGRESSIONAL MAP
“Amazingly, and despite this being a state law-based ruling, Virginia plans to ask,” Wesson said, adding, “I’m curious to see what argument Attorney General Jones will make.”
Republicans celebrated the ruling as a major political victory. President Donald Trump called it a “huge win for the Republican Party,” while Republican National Committee Chairman Joe Gruters said Democrats had learned that “when you try to rig elections, you lose.”