Virginia Democrats have filed an emergency motion with the state Court of Appeals to reverse a judge's ruling that halted a proposed constitutional amendment on redistricting. The amendment could reshape congressional districts to favor Democrats significantly. The legal battle centers on procedural challenges raised by Republicans during a recent special legislative session.
On Wednesday, lawyers for Virginia House Speaker Don Scott, a Democrat, submitted an emergency motion to the Virginia Court of Appeals. The filing seeks to stay a decision by Circuit Judge Jack S. Hurley Jr., who ruled that Democratic lawmakers violated the state constitution by altering procedural rules during an October special session to advance the redistricting proposal.
The amendment in question would empower the legislature to redraw Virginia's congressional districts, potentially shifting the balance from the current 6-5 Democratic edge to a 10-1 advantage for Democrats in the U.S. House delegation. Republicans sued, arguing that Democrats improperly expanded the session's scope and failed to adhere to timing rules for constitutional amendments, which require passage before and after a House of Delegates election.
Judge Hurley determined that the Democrats approved the proposal less than a week before the 2025 election, which he deemed already underway due to early voting starting weeks earlier. Democrats counter that the constitution specifies Election Day as the first Tuesday in November—November 4—and thus the timing was met. The motion states: “While voting began earlier, the election itself did not occur until November 4.”
Additionally, the judge sided with Republicans on a state law requiring 90 days' notice of proposed amendments before an election, noting no such posting occurred. Scott's attorneys argue this requirement was removed from the constitution decades ago and that the law only guides court clerks. They claim: “The Circuit Court far exceeded the bounds of its authority by attempting to preemptively invalidate pending legislation,” and that precedent bars courts from meddling in legislative procedures.
Without a stay, the amendment cannot appear on the April 21 referendum ballot, thwarting Democrats' bid to bolster their congressional influence. The Court of Appeals has not announced a timeline for its decision on the motion.
