Democrats ask Supreme Court to halt a Virginia ruling blocking new congressional districts

[BumRushDaShow]

Source: PBS News/AP

May 11, 2026 4:08 PM EDT


WASHINGTON (AP) — Democrats on Monday filed an emergency appeal with the U.S. Supreme Court seeking to halt a Virginia ruling invalidating a ballot measure that would have given their party an additional four winnable U.S. House seats.

The move came after the Virginia Supreme Court on Friday struck down a constitutional amendment that voters narrowly passed just last month. The 4-3 state court decision found that the Democratic-controlled legislature improperly began the process of placing the amendment on the ballot after early voting had begun in the Virginia's general election last fall. Democrats argued unsuccessfully that the U.S. Supreme Court has held that, even if early voting is underway, an election does not happen until Election Day itself.

The appeal is the latest twist in the nation's mid-decade redistricting competition. It was kicked off last year by President Donald Trump urging Republican-controlled states to redraw their lines and was supercharged by a recent Supreme Court ruling severely weakening the Voting Rights Act.

Democrats are taking a legal long shot in asking the justices to reverse the Virginia ruling. The 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.

Read more: https://www.pbs.org/newshour/politics/democrats-ask-supreme-court-to-halt-a-virginia-ruling-blocking-new-congressional-districts

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This is a zero-shot but it is better to try anyway to get insight on counter-arguments

[CousinIT]

1. Didn't that crap court rule that California's maps could stand? n/t

[BumRushDaShow]

2. In general

they have deferred to a state's highest court and the CA one was fine with their map.

[Multichromatic]

3. The Supreme Court only helps racist states that are disenfranchising black voters. You're out of luck Virginia.

[FBaggins]

4. It's still an open question whether it's better to try anyway

If it's granted cert and we lose 6-3 with a well-written dissent... I'd call that a win at least from a PR standpoint.

But if it's bounced back without even a dissent (or perhaps a solo dissent from KBJ)? That weakens our argument.

Of course - this isn't even the petition for cert. It's an emergency request to stay the SCOVA decision while the state prepares to petition for cert. I'm honestly not sure what the rationale is here (and I've read it). The primary isn't until early August. It's hard to argue that they'll suffer irreparable harm if SCOTUS doesn't pause the ruling for a week or two while they prepare their brief.

[NEOH]

5. Fat Chance...

With this Kangaroo Kourt, they will trash and double trash anything that is even remotely good…

[dickthegrouch]

6. How can anyone obey a law that changes on a dime?

Utterly impossible given the moving goalposts.

We should institute a Constitutional amendment that all changes in the law be deferred until after the next State- or Country-wide election, or 2 years, whichever is greater.

Constitutional amendments themselves should be reviewed by the appropriate Supreme Court (State or federal) for constitutionality before being submitted to the electorate. Thereby, possibly, ensuring integrity.