UPDATE: Tuesday, May 12, 2026, 10:11 a.m.
Virginia Democrats filed an emergency appeal with the U.S. Supreme Court on Monday. The move seeks to restore a congressional map that could give the party four additional seats.
The filing follows a Friday ruling by the Virginia Supreme Court that invalidated a voter-approved redistricting amendment. Chief Justice John Roberts has ordered Republicans to respond to the appeal by 5 p.m. Thursday.
Attorney General Jay Jones and the Spanberger administration argue the state court overrode the will of the voters. They contend that an election does not officially begin until Election Day, even if early voting is underway.
ORIGINAL STORY:
Virginia Democrats face end of window for extreme redistricting move
LISTEN: Virginia Democrats face end of window for extreme redistricting move
Virginia Democrats face a narrow Tuesday, May 12 deadline for any extreme attempt to revive a tossed-out redistricting plan, a window WFIR’s political analyst says is almost certain to close without action.
The Virginia Supreme Court struck down the redistricting referendum Friday, ruling lawmakers did not follow the required procedure before sending the measure to voters. That decision is now several days old, and Chapman Rackaway, WFIR political analyst and chair of political science at Radford University, says the key storyline has shifted to the vanishing opportunity for Democrats to respond.
“If the Democrats wanted to try anything else, May 12th tomorrow is drop dead,” Rackaway said Monday. He said some Democrats had floated “real hail marries like trying to retire entire Supreme Court of Virginia,” but added that “the likelihood of that is approaching zero.”
Current map locked in for 2026
With the clock running out, Rackaway says campaigns are preparing under the assumption that the congressional map used in 2022 and 2024 is here to stay for 2026.
“I think that we have the maps that we have and they’re the ones that were established in the 2021 redistricting cycle,” he said. “We’re keeping the same ones that we voted on in 2024 and 2022.”
The overturned plan could have moved Virginia from a 6-to-5 Democratic edge to a likely 10-to-1 Democratic advantage in its House delegation. Instead, Republicans continue to defend vulnerable seats in the 1st and 2nd districts under the existing lines.
Democrats keep a talking point, not a new map
Rackaway says the Supreme Court ruling does not end Democrats’ hopes of winning the U.S. House majority but does change their strategy.
“What the Virginia Supreme Court said was absolutely correct. But it was a procedural decision,” he said, noting that the problem centered on when the legislature acted relative to the referendum. “The general public isn’t going to focus on that.”
What may resonate instead, he says, is the idea that “an entire election and one that cost $100 million gets thrown out by the Virginia Supreme Court.” Democrats, he says, can argue that a voter-approved change was blocked on technical grounds.
“So I think that the Democrats have that when it goes into the November elections,” Rackaway said. “Whether that’s going to translate into them turning over existing Republican districts, that’s a much much taller, much more difficult order.”
National House math gets harder, not impossible
The end of Virginia’s redistricting push tightens the national fight for control of the U.S. House. Rackaway notes Republicans have gained a series of likely safe seats from redistricting moves in other states, while Democrats lost what had been expected to be a four-seat boost from Virginia.
“Republicans have through redistricting measures in other states added 13 likely safe Republican districts to their tally,” he said. “Democrats only have three others now but the plus four that they were going to get from Virginia is thrown out.”
That, he says, “makes the electoral math a bit harder for Democrats, but it certainly doesn’t make it impossible in 2026.”
What Tuesday means in practice
Rackaway’s assessment is that while Democrats technically have until Tuesday to attempt something dramatic, any such move is highly unlikely.
“The likelihood of that is approaching zero,” he said, referring to ideas like trying to remove members of the Virginia Supreme Court.
Without a surprise development by the end of May 12, campaigns across Virginia will proceed under the existing map, with both parties turning their attention from courtroom fights to August primaries and a compressed general election season that follows.
The post Virginia Democrats appeal to U.S. Supreme Court to save redistricting map first appeared on News/Talk 960-AM & FM-107.3 WFIR.
