Virginia Supreme Court Overturns Redistricting Referendum, Dealing Blow to Democratic Redistricting Effort

Former Virginia Attorney General Jason Miyares hailed the Virginia Supreme Court’s decision to overturn the state’s redistricting referendum as “a complete humiliation” for the effort and a major victory for the rule of law.

Miyares stated that the U.S. Supreme Court is unlikely to take up the case, citing the procedural failures and what he described as an illegal gerrymandering attempt. He pointed to multiple constitutional and procedural violations, including the use of a special session one week before the governor’s race last year, after a million Virginians had already voted.

According to Miyares, the effort circumvented the standard constitutional amendment process, which requires passage by the General Assembly in two sessions with an intervening election before going to voters. He noted that proponents admitted they failed to meet the 90-day notice requirement before the election for the special session.

“This is a win for the rule of law [and] common sense,” Miyares said, criticizing the “deceitful ballot language” and misleading television ads. He referenced an opinion he issued last fall declaring the approach unconstitutional, arguing that following it could have saved significant costs and avoided the controversy.

Miyares emphasized that the window for this particular approach is now closed and that the proponents do not get “a second bite at the apple.” He described the outcome as rendering $70 million “up in smoke” and reiterated his commitment to fighting illegal gerrymandering through both the ballot box and the courts.

The former attorney general highlighted the bipartisan credentials of the Virginia Supreme Court justice who authored the opinion, noting the justice was appointed to the Court of Appeals by then-Governor Mark Warner and elevated to the Supreme Court by a unanimous vote of the General Assembly, with support from every Democrat.

Miyares also addressed the potential impact of the rejected maps, which would have shifted Virginia’s congressional delegation from a current 6 Democrat to 5 Republican split toward a 10-to-1 Democratic advantage. He said the maps would have gutted rural Virginia districts and packed representatives into a small area of Northern Virginia, reducing representation for areas where 48% of voters supported Republicans to just 9% of congressional seats.

In response to a social media post by commentator Hasan Piker criticizing the court’s decision and suggesting broader threats to voting power, Miyares pointed to Virginia’s 2020 constitutional amendment—passed by a two-thirds vote with a 30-point margin—that aimed to limit politicians drawing their own districts. He criticized the subsequent Democratic campaign for the referendum as “overwhelmingly deceptive,” noting that promotional materials did not clearly show the proposed maps.

Miyares further criticized the expenditure of close to $10 million in taxpayer money on the special election, calling it an “atrocious misuse” and urging accountability on affordability issues.

The decision preserves the existing congressional map structure following the failure of the referendum.