NORFOLK, Va. — Virginia Democrats have officially asked the U.S. Supreme Court to overturn a ruling by the Virginia Supreme Court and allow a new congressional district map to be used in this fall's midterm elections.
In a lengthy document, Democrats argue the Virginia Supreme Court got it wrong.
On Friday, the Virginia Supreme Court invalidated a referendum election that would have allowed people to vote in congressional districts that could give Democrats a 10-1 advantage.
Democrats are now taking the issue to the U.S. Supreme Court, arguing the state court's ruling is "deeply mistaken" on the issue of federal law about the definition of Election Day.
The state court ruled Democrats did not follow proper procedure to get the issue on the ballot by passing the measure last fall — because early voting in the November 2025 elections had already started.
Old Dominion University Political Science Professor Dr. Jesse Richman weighed in on what may happen next.
"The state court ruling turned on a technical question which is what counts as an election right? This might be something the U.S. Supreme Court could find interested in dealing with. In general, this sort of question is one that the U.S. Supreme Court tends to steer clear of," Richman said.
The U.S. Supreme Court appeal is one of Democrats' last remaining options following the state court ruling — but not the only one that has been discussed.
Over the weekend, The New York Times reported that Democrats had floated the possibility of removing the state Supreme Court justices in an effort to get the process of drawing the maps back into the hands of lawmakers.
Local Congresswoman Jen Kiggans addressed that prospect.
"Whatever the outcome is if it's not what you wanted you don't threaten to fire the Supreme Court and threaten the judges with people that are going to do what you ask them to do," Kiggans said.
In Richmond, Governor Abigail Spanberger was brief but clear on whether she wants that to happen, saying simply: "No."
Democratic Congresswoman Jennifer McClellan, who represents the Richmond area, did not say whether she was part of the call or if she supports the idea, but said she is focused on her re-election.
"I'm not a member of the General Assembly. They are looking at this. They're going to look and do what they feel is right. I am focused on what I can control, which is organizing and mobilizing voters in the fourth district in Virginia and beyond," McClellan said.
Richman thinks that kind of tactic may backfire.
"I don't expect it to be pursued. I think the political cost would be substantial. It is a sign of desperation," Richman said.
It remains unclear if the U.S. Supreme Court will take up the redistricting case. Republicans believe the matter is settled, while Democrats are hoping the final word has not been spoken.
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