Virginia Democrats just hit their first setback — and it could make a difference in the midterm elections

The Democrat-controlled Virginia General Assembly gave final legislative approval earlier this month to a proposed constitutional amendment that would give lawmakers emergency powers outside the 10-year redistricting process to gerrymander the Old Dominion's congressional maps.

"Virginia's proposed redistricting amendment is a response to what we're seeing in other states that have taken extreme measures to undermine democratic norms. This approach is short-term, highly targeted, and completely dependent on what other states decide to do themselves," Virginia Gov. Abigail Spanberger (D) said last week.

"Virginia will be responsive and targeted, but only with the will of the people. I trust the voters to get this right," she continued.

However, Tazewell County Circuit Judge Jack Hurley Jr. ruled on Tuesday that the approval of the proposed amendment — which former Gov. Glenn Youngkin characterized as a "shameless, reprehensible political power grab by Democrat lawmakers" — was illegal.

'Take a look in a mirror.'

Hurley noted in his ruling that Democratic lawmakers failed to follow the right procedure concerning the passage of a constitutional amendment. Democrats failed in part by flouting the requirement that a two-thirds supermajority approve of the introduction of the unrelated subject of redistricting at last October's special legislative session, he said.

"This blatant abuse of power by a majority IGNORES their own rules and resolutions thereby trampling ANY and ALL procedural rights of the minority," Hurley wrote.

Hurley noted further that using the special session to pass the measure in October was impermissible because early voting in the Virginia's 2025 elections had already begun and "the Constitution REQUIRES an intervening election FOLLOWING the first passage of a proposed Constitutional Amendment."

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Billy Schuerman/The Virginian-Pilot/Tribune News Service via Getty Images

The judge also indicated that Section 30-13 of the Code of Virginia — which requires the posting of such a constitutional amendment at the front of every courthouse and its publication by clerk of the House of Delegates no "later than three months prior to the next ensuing general election of members of the House of Delegates" — was not followed.

"Defendants woefully argued that the posting could occur three (3) months prior to the 2027 election and still comply with the statute even if the proposed Constitutional Amendment was voted on in the Spring of 2026," Hurley wrote.

Hurley, evidently concerned about state Democrats' recent efforts to change related rules on the fly, noted, "Even if the General Assembly is NOT required to follow its own Rules and Resolutions, and even if 'election' is narrowly defined as 'Election Day,' the Court FINDS the General Assembly FAILED to comply with Section 30-13 of the Code of Virginia, which therefore PROHIBITS the proposed amendment from being submitted to the voters for their consideration."

Julie Merz, executive director of the Democratic Congressional Campaign Committee, said the ruling was a "rogue decision" and expressed confidence it would be overturned on appeal.

The Democratic leaders in the Virginia House and Senate said in a joint statement, "Republicans who can't win at the ballot box are abusing the legal process in an attempt to sow confusion and block Virginians from voting. We will be appealing this ruling immediately."

The Virginia GOP noted in response that those Democrats now accusing Republicans of "abusing the legal process" were just found to have "violated the VA Constitution by trying to force a vote on a constitutional amendment to give themselves more political power without following the rules."

"Maybe take a look in a mirror," the state GOP added.

Failure on appeal could spell trouble for Democrats in the midterm elections. CNN indicated, after all, that Virginia "represents the largest potential number of seats Democrats still could pick up through redistricting."

While bad news for Democrats if the ruling stands, those congressional Republicans whose districts were targeted — Reps. Rob Wittman, Jen Kiggans, John McGuire, and Ben Cline — will likely be able to breathe easier.

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