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Virginia Supreme Court strikes down Democrats gerrymandering effort.
Source: Wikimedia Commons

Virginia Supreme Court strikes down Democrats gerrymandering effort.

Virginia Court Ruling Triggers Expert’s Chilling Warning of Civil War Risk

May 8 2026, Published 5:00 p.m. ET

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The Virginia Supreme Court dealt Republicans a significant redistricting win on Friday by striking down a voter-approved congressional map.

This prompted a stern warning from criminal justice journalist Radley Balko, who stated that the ruling reflects a dangerous trend for U.S. democracy.

The court ruled 4-3 that Virginia’s Democratic-led legislature broke the state constitution when it placed a redistricting amendment on the ballot.

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Source: @RedWavePress/X

Democrats face a potentially huge setback in Virginia.

Voters approved the measure on April 21, but the ruling voided the results and blocked a map that might have enabled Democrats to gain four more U.S. House seats.

Balko, known for his work in legal and criminal justice issues, commented on Bluesky, saying the country has reached a point where one party has undermined the rule of law to such an extent that others continuing to follow usual practices may only accelerate the collapse of democracy.

He described the situation as a “recipe for chaos and violence” and “terrifying.”

The court’s majority stated that lawmakers did not follow the correct process for submitting a constitutional amendment to voters.

Justice D. Arthur Kelsey noted that the General Assembly sent the amendment “in an unprecedented manner” and labeled the violation as making the referendum legally void.

As a result, Virginia's current congressional map remains in place for the 2026 midterm elections. The state’s current delegation consists of six Democrats and five Republicans.

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Source: @USATODAY/X

The Virginia Supreme gives the GOP some hope in the November showdown.

The blocked map would have boosted Democrats’ chances in several districts, especially around Richmond, Hampton Roads, and western Virginia.

President Donald Trump celebrated the ruling on social media, calling it a “huge win for the Republican Party, and America, in Virginia.” National Republican Congressional Committee Chairman Richard Hudson also welcomed the decision, stating Republicans were “on offense.”

Democrats slammed the ruling as an unusual reversal of a statewide vote. Virginia House Speaker Don Scott remarked that voters approved the amendment to “fight back against the Trump power grab.”

Democratic Congressional Campaign Committee Chair Suzan DelBene said four judges had “disregarded the will of the voters.”

The legal dispute focused on when the General Assembly first voted on the amendment. Virginia’s constitution requires lawmakers to approve a proposed amendment in two legislative sessions with an election in between before sending it to voters.

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The legislature first approved the measure in October, after early voting started for the 2025 general election but before Election Day.

Democratic lawyers argued that “election” referred to Election Day. However, the court’s majority dismissed this claim, stating the election period started when voters began casting their ballots.

By the time lawmakers took their first vote, over 1.3 million Virginians had already voted in the general election, according to the court.

Chief Justice Cleo Powell dissented, arguing that the majority’s interpretation created “an infinite voting loop” with no clear starting point and only one definite ending point, Election Day.

This ruling comes amid a rapidly evolving national redistricting battle ahead of the midterms. Last year, Trump urged Republican-led states to redraw maps to protect the GOP's slim House majority. California and Utah produced maps that favored Democrats, while Republicans sought advantages in Florida, Missouri, North Carolina, Ohio, Tennessee, and other states.

This decision also followed a recent U.S. Supreme Court ruling that weakened a significant part of the Voting Rights Act, leading more Republican-led states in the South to consider new congressional maps before November.

The earliest Virginia voters could see another redistricting referendum is in 2028, according to Radio IQ.

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