Tangle Democrats are dealt a blow in Virginia.
May 11, 2026
A state supreme court nixes a voter-approved redistricting measure and explains the constitutional reason. Debate heats up over legal procedure, partisan consequences, and plans to appeal to the U.S. Supreme Court. Staff weigh in with conflicted takes on gerrymandering and possible political responses. Bonus segues cover ACA enrollment drops and a quirky Triassic fossil find.
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Court Blocks Virginia Amendment Over Timing
- The Virginia Supreme Court struck down a voter-approved amendment because the General Assembly's vote occurred while early voting was already underway.
- The court found the amendment violated the constitution's requirement for two legislative votes with an intervening election, nullifying the map that would have given Democrats a 10-1 advantage.
Constitutional Text Drove The Decision
- The court's legal reasoning centered on Article 12, Section 1 requiring two legislative votes across separate sessions with an intervening election.
- The first legislative vote on October 31, 2025 occurred after early voting began, so roughly 1.3 million ballots were cast without that intervening opportunity.
Left Argues Voters Already Had Their Say
- Critics on the left argue the decision effectively nullifies a direct referendum where voters had a chance to approve the map.
- Ian Millhiser and others say voters weren't denied a chance to express themselves because the referendum was an up-or-down vote distinct from legislative elections.