The U.S. Supreme Court late Friday turned down Virginia Attorney General Jay Jones’ appeal on redistricting.
The action marks the end of Virginia Democrats’ attempt to redraw congressional district lines in time for the November election.
The Supreme Court offered no comment on why it would not hear the appeal, although the denial was widely expected by both parties.
The Virginia Supreme Court, in a 4-3 ruling last week, had ruled that the redistricting amendment was unlawfully placed on the ballot because the General Assembly’s first vote on the amendment came after early voting had begun last year. The state constitution requires the legislature to pass a constitutional amendment twice before it goes to voters; the court ruled the early voting meant the election was already underway when the amendment passed the first time.
Republicans were jubilant. “The Supreme Court of the United States has affirmed what we always knew: you cannot violate the Constitution to change the Constitution,” said Senate Minority Leader Ryan McDougle, R-Hanover County.
State Sen. Bill Stanley, R-Franklin County, was one of the plaintiffs in the case that began with a victory in Tazewell County Circuit Court and was then upheld in the Virginia Supreme Court. He said in a statement: “The U.S. Supreme Court tonight just reaffirmed what we in Virginia already knew: that our circuit court and state Supreme Court were absolutely correct in rejecting the Democrats’ attempt to violate our constitution, and silence millions of Virginians’ voices in the congressional political process. We all need to remember this when voters go to the polls, both during the upcoming election this November, and in our subsequent state elections for years to come.”
Jones issued a lengthy statement in which he blasted the court’s decision as “another profoundly troubling example of the continued national attack on voting rights and the rule of law by Donald Trump, Republican state legislatures, and conservative courts.” (See his full statement below.) He said he will now be “working tirelessly” to help Democratic candidates win this fall.
Gov. Abigail Spanberger, in a more reserved statement, simply acknowledged the court ruling “to nullify an election and the votes of more than three million Virginians” and said she would “make sure voters know when and how to cast their votes this year.”
Governor Abigail Spanberger (D):
The Supreme Court of the United States has now joined the Supreme Court of Virginia in choosing to nullify an election and the votes of more than three million Virginians. These Virginians made their voices heard — casting their ballots in good faith to push back against a President who said he’s “entitled” to more seats in Congress before voters go to the polls. As Governor, I will make sure voters know when and how to cast their votes this year. Because our votes are how we choose the representation we deserve.
Attorney General Jay Jones (D):
Today’s one-sentence denial from the Supreme Court of the United States is yet another profoundly troubling example of the continued national attack on voting rights and the rule of law by Donald Trump, Republican state legislatures, and conservative courts. It leaves in place the deeply flawed ruling from the Supreme Court of Virginia, which overturned the results of a lawful election and erased the will of millions of Virginia voters.
Let’s be clear about what is happening. Donald Trump, Republican state legislatures, and conservative courts are systematically and unabashedly tilting power away from the people for Trump’s political gain. Just this past month in Louisiana, Tennessee, and South Carolina, they have redrawn their maps and diluted Black political representation because it threatens their hold on power.
This attack is not subtle. It is a coordinated effort to stack the deck in the Republican’s favor before the midterms, lock in political advantage, and make it harder for voters, especially Black voters and communities of color, to hold Trump and his allies accountable. There can be no doubt: Trump and his allies want only their most politically extreme supporters to have their voices heard in Washington. The Supreme Court of Virginia’s previous decision and today’s refusal by the United States Supreme Court to act are only bolstering these extreme MAGA voices.
Virginians demanded elected leaders who would fight back against these attacks on our democracy and on our freedoms. Those elected leaders followed the law and constitutional process, ultimately giving Virginia voters the choice to join the fight on redistricting and choose representatives who reflect their values in Congress. More than three million Virginians made their voices heard at the ballot box, and a majority voted “yes.”
The Supreme Court of Virginia contorted the plain language of our Constitution and our laws to undermine their will. Now the Supreme Court of the United States has allowed that injustice to stand.
This fight is far from over, and I am committed to fighting alongside you. I will be on the campaign trail, working tirelessly to support our Democratic candidates so we can win control of the House in spite of Republicans putting their thumbs on the scale.
Former Attorney General Jason Miyares (R)
He reposted a February statement from Sen. Louise Lucas, D-Portsmouth, in which she bragged about how Republicans started redistricting but Democrats finished it. To that, he said:
WRONG – Now it’s finished. SCOTUS unanimously just slammed the door on your desperate appeal. Virginia Supreme Court killed your gerrymander, and the highest court in the land said “nope.” Checkmate.
Rep. Jen Kiggans (R)
The Supreme Court of the United States has thrown out the appeal to rehear the gerrymandering case in Virginia. This is a victory for Virginians and a clear-cut example that Virginia Democrats, under Abigail Spanberger’s leadership, violated the Virginia Constitution and our laws every step of the way to deprive Virginians of their voices in government and damage our democracy. I want to thank the United States Supreme Court for making the right decision in standing up for democracy and the rule of law.
Elizabeth Beyer has contributed to this report.
