RICHMOND, Va. — Virginia Attorney General Jay Jones is asking the Virginia Supreme Court to delay issuing its mandate to void the results of last month's redistricting referendum as state Democrats prepare an appeal to the United States Supreme Court.
The state Supreme Court issued a 4-3 ruling Thursday morning finding the process lawmakers used to get the issue before voters last month was unconstitutional.
They ruled the April 21 referendum — which was approved by nearly 52% of voters — is null and void. That means the congressional map that favors Democrats 10-1 will not be used in this year's midterms. Virginia will stick with the current map that favors Democrats 6-5.
After the decision came down, Jones said in a statement they were reviewing what he called "an unprecedented order" and are "evaluating every legal pathway forward to defend the will of the people."
He issued his motion to delay the mandate Friday evening, citing a rule that may require the Court to defer the issuance of its mandate if a party intends to file an appeal with the Supreme Court of the United States.
It's not yet clear on what grounds they will appeal.
A longshot Democratic appeal
Democrats are taking a legal longshot in asking the nation’s highest court to reverse the ruling. The U.S. Supreme Court tries to avoid second-guessing state courts’ interpretations of their own constitutions. In 2023, it turned down a request by North Carolina Republicans to overrule a state Supreme Court decision that blocked the GOP’s congressional map.
Still, even an unsuccessful appeal would let Democrats try to blame their failure on the conservative majority that dominates the nation's highest court.
Virginia is currently represented in the U.S. House by six Democrats and five Republicans, all elected from districts imposed by a court following a bipartisan redistricting commission’s failure to agree on a map after the 2020 census. The new districts could have given Democrats an improved chance to win all but one of the state's 11 congressional seats.
The state Supreme Court's majority was critical of the state’s redrawing of the congressional maps to benefit one political party. Those justices noted that 47% of the state’s voters supported GOP congressional candidates in 2024, but the new map could result in Democrats making up 91% of the state’s House delegation.
Watch: Who are the Virginia Supreme Court justices behind the redistricting ruling?
The Associated Press contributed to this report.
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