Since Virgnia can not appear in court, the case will be tossed
Experts suggest an appeal is “uphill” because the ruling heavily centers on Virginia’s state constitution, leaving little room for federal intervention. If the appeal fails, the congressional maps used in 2024 will remain in place for the 2026 midterm elections.——— NBC4
Virginia Democrats and the Attorney General are initiating the appeal to the U.S. Supreme Court (SCOTUS) following the Virginia Supreme Court’s 4-3 decision on May 8, 2026, which struck down a redistricting referendum that would have redrawn congressional maps.
Attorney General Jay Jones requested a stay and signaled an emergency appeal to the U.S. Supreme Court after the state Supreme Court invalidated the referendum.
The Virginia Supreme Court ruled that the legislative process used to place the redistricting amendment on the ballot violated Article XII, Section 1, of the state constitution, calling it a “constitutionally tainted” process.
Democrats argue the court overturned the will of voters who approved the referendum in April 2026. Republicans hail it as a victory for the rule of law, keeping current maps in place for the 2026 midterms.