The highest court in Virginia has declined to intervene after a lower court stopped the certification of a contentious redistricting proposal, marking a significant setback for Democrats pushing for a mid-decade redesign.
The Supreme Court of Virginia rejected an emergency appeal from the Democrats and the state, preventing the certification of the April 21 referendum results, as ordered by Tazewell County Judge Jack Hurley.
This ruling preserves the earlier decision made by Judge Hurley, who asserted that election officials cannot proceed with certification while legal disputes are still unresolved.
Democrats and state representatives sought an emergency stay to allow for certification during the ongoing appeal process. The refusal by the Supreme Court means that certification will not occur for the time being.
Legal experts have pointed out that this ruling does not address the core issues at hand but simply denies the request to pause Judge Hurley’s injunction during the appeals.
Judge Hurley raised significant legal questions regarding the Democrats’ push for redistricting, suggesting that their efforts to alter Virginia’s congressional boundaries likely contravened multiple legal stipulations. He ordered that the referendum should not be certified and prohibited lawmakers from advancing the proposed map.
The judge had previously halted the initiative twice before the public voted on April 21.
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Documents reveal that Democrats advanced their proposal during a special session of the General Assembly in 2024, which allegedly violated procedural protocols. Judge Hurley ruled that actions related to that proposal could be rendered void.
He highlighted a possible constitutional breach, stating that amendments of this nature need to pass through two separate General Assemblies with a general election in between before reaching the voters.
In response to the ruling, Virginia Attorney General Jay Jones announced plans to appeal the decision.
Former Attorney General Ken Cuccinelli expressed support for the court’s ruling, sharing his enthusiasm on social media. He remarked, “The Virginia Supreme Court (#SCOVA) has DENIED the emergency request to stay the injunction of certification of last week’s Gerrymandering referendum! This is as positive a sign as one might hope for!”
Cuccinelli continued, indicating that the Supreme Court would have likely lifted the certification injunction if they intended to uphold the referendum.
“It’s still uncertain, but it’s certainly a promising development,” he concluded.
