Virginia Democrats file emergency appeal with U.S. Supreme Court over redistricting ruling

RICHMOND, Va. (WVIR) - Virginia Attorney General Jay Jones has filed an emergency request for a stay with the U.S. Supreme Court, seeking to overturn the state Supreme Court’s ruling that blocked Democrats’ redistricting effort.

It’s the latest development as Virginia Democrats reel from their loss in state court and scramble to find a way to change the outcome.

Virginia justices voided the results on Friday in a 4-3 vote, holding that Democrats violated the Constitution when they initially voted to pass the constitutional amendment in October 2025.

The appeal argues that state Supreme Court justices “overrode the will of the people,” as Virginia voters narrowly voted to pass the amendment through a statewide referendum in late April.

“It’s called desperation,” said Republican State Senator Bryce Reeves. “There’s no sense in appealing to the Supreme Court because this is a state issue...This issue is dead, and it’s done. So, let them waste their money. The more money they waste, the less money they have in the general.”

State Senator Creigh Deeds told 29News Monday that the primary question is whether an appeal is worth it, saying he’s focused on energizing the party to win the current map in November.

“I think there’s an argument to be made that [the U.S. Supreme Court] would look at an appeal kindly, but you have to be realistic about this court, and you have to be realistic about the case,” Deeds said. “I don’t know.”

State Republicans, on the other hand, say it’s time to move on.

“The lesson we should take from this is our government worked the way that it was supposed to, and whether we liked the outcomes or not, we need to accept that, if we believe in the American system of justice and of government,” Republican State Senator Luther Cifers told 29News.

The move also comes just a day after the New York Times reported that, on a call with House Minority Leader Hakeem Jeffries, Congressional representatives from Virginia discussed the potential of replacing the entire Virginia Supreme Court to reinstate their gerrymandered map by lowering the mandatory retirement age.

Governor Abigail Spanberger told reporters Monday that she would not support “getting rid of the Supreme Court for redistricting,” while State Senator Majority Leader Scott Surovell echoed that this is not a serious consideration for state Democrats.

The unprecedented proposal has already drawn significant criticism from Republicans, who say it illustrates the desperation of Democrats to achieve their goal of redrawing lines.

“It’s never been about the will of the voters, it’s always been about a power grab,” Cifers said. “This desperate attempt at continuing these outlandish kind of avenues to achieve that power grab, it’s shocking and disappointing.”

Deeds told 29News that he had not heard anything about overhauling the state Supreme Court until he read the New York Times article.

“I don’t think that anybody who knows how things work in Virginia was on that call,” Deeds said. “I don’t think that that’s the correct way to respond to a decision you disagree with.”

It’s unclear how the U.S. Supreme Court will act on Virginia Democrats’ requests, as the decision was based on a state procedural issue.

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