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A Virginia judge on Tuesday blocked a Democrat redistricting plan designed to give the party more seats in Congress.
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Judge Jack Hurley Jr., a judge on the Tazewell County circuit court, ruled that the Democrat-controlled state Legislature did not follow procedure to approve a state constitutional amendment on redistricting.
Democrat Speaker Don Scott of the Virginia House of Delegates stated on X following the ruling, “We will appeal immediately, and we expect to prevail. Voters—not politicians—will have the final say.”
🚨 BREAKING: A Virginia Judge just issued an injunction against the Democratic effort to redistrict the state and ruled that it isn’t valid for a referendum until after the 2027 election. pic.twitter.com/eZsbkGMn61
— Greg Price (@greg_price11) January 27, 2026
In October 2025, the Legislature passed a measure to redraw the state’s congressional map.
In January, under a new Democrat governor, the Legislature finalized a plan to put the issue to voters before the midterm in an April 21 special election. The goal was to lock in heavily Democrat districts before the November midterm elections.
Hurley found that using a special session to pass the measure was not allowed because early voting in last year’s state elections had already begun.
He also found state law requires the lawmakers pass proposed constitutional amendments both before and after an election.
“Therefore, the court find FINDS that following the October 31, 2025 vote and passage of House Joint Resolution 6007, there has not been an ensuing general election of the House of Delegates, and such ensuing general election cannot occur until 2027,” the judge wrote.
“Thus, the action of the General Assembly during its Regular Session 2026 CANNOT meet the second passage required of Article XII, Section 1 of the Virginia Constitution, which second passage must occur before the same can be submitted to the voters of Virginia for adoption,” he continued.
In October, former Virginia Attorney General Ken Cuccinelli, a Republican, told The Daily Signal this might be a legal problem for Democrats because the 2025 election early voting already began on Sept. 19, before the October special session.
“The next intervening election likely can’t happen until 2027, so the earliest this can go to the ballot is 2028,” Cuccinelli said. “Do they really want this fought out on a presidential year ballot?”
Virginia Republican state Sen. Ryan McDougle is the plaintiff in the case. Scott, the Democrat House speaker, is the defendant.
Democrats have a trifecta in Virginia after retaking the governor’s office in November with Abigail Spanberger’s victory.
Virginia currently has a bipartisan redistricting commission.
Scott stated, “We always knew this would be a fight— because this has never been about what’s easy. It’s about what’s right: leveling the playing field and protecting the right to vote.”
Jason Miyares, former Republican attorney general of Virginia, praised the court for finding “that the General Assembly cannot sidestep constitutional accountability in pursuit of partisan gain” in a post on X.
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This article was originally published by The Daily Signal. Photo Credit: Chalirmpoj Pimpisarn/Getty Images via Canva Teams.
