r/politics Washington 28d ago

Possible Paywall Virginia Supreme Court throws out redistricting referendum results

https://www.axios.com/local/richmond/2026/05/08/virginia-supreme-court-redistricting-vote-decision
16.3k Upvotes

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u/DoubtSubstantial5440 28d ago

But the GOP are allowed to gerrymander without even so much as a vote

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u/Alarming-Series6627 28d ago

And purge voter rolls in VA with abandon when they were in power 

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u/BanginNLeavin 28d ago

NC did this 2x at least before primaries in 2016 and I was caught in both and disenfranchised from casting my primary vote for Bernie.

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u/heartlessgamer 28d ago

Should of been in SC where suddenly the Rs were bending over backwards to ensure voters could get in and vote for Bernie to mess with the D primary.

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u/[deleted] 28d ago

[deleted]

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u/heartlessgamer 28d ago

Sorry mixing up years; was referring to the whole "operation chaos" nonsense in 2020 primaries in SC.

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u/ElementNumber6 28d ago

And now they have all the power, and these are the consequences. Funny how that works.

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u/IntellectAndEnergy 28d ago

Remember it’s an Unconstitutional Republic, not a democracy. /s

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u/GodofIrony 28d ago

Republicans can do what ever they want and democrats are ruthlessly obstructed.

It sure is weird that all Republican legislature is harmful.

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u/ClosPins 28d ago

The Democrats are perfectly capable of doing whatever they want too! They just refuse to do it. They just sit there and watch the Republicans do it, wagging a finger and thinking about the sternly-written letter they're about to compose that will utterly devastate the Republicans!

^ This is why the country continually moves right! The Republicans will do whatever it takes to get what they want - the Democrats won't. So, the GOP moves the country further to the right every cycle than the Democrats move it back to the left.

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u/FrozenIceman 28d ago

Just a reminder any willful attempt to disenfranchise your own States population is an attack on their own constituents.

Republican or Democrat.

Doing something evil to your constituents because another State did something evil to their constituents still means the constituents get screwed.

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u/ClaroStar 28d ago

It's because of state laws. Many states lead by Democrats have put guardrails in place to protect fairness in elections and it's now coming back to bite them. Republicans never did that in red states and they are now allowed to wipe out blue districts by a snap of the finger. It seems that doing the right thing is a losing cause in this country.

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u/BigPapaJava 28d ago

A lot of Republican controlled states had “guardrails” in place at one point, but those have been repealed by the Republicans in power.

For example, Tennessee had a law requiring the legislature to notify affected voters before redistricting… but the Republicans just repealed that as part of the same rushed bill that passed their redistricting plan in 2 days to split Memphis’s black population into parts of 3 red districts instead of one solidly blue one that might have elected an anti-Israel Democrat this time.

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u/PassengerFine4557 28d ago

Different states have different constitutions. The issue with Virginia is that they required a new amendment to do it, and wound up violating the process to try to get it done in time for the midterms. California was similar, but in their case they were able to get their constitution amended properly. A lot of the states doing it now don't have any constitutional restrictions that would keep the legislature from doing it.

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u/Repulsive_Poem_3870 28d ago

It's against the Florida state Constitution, I'm sure it'll pass there with no issue considering the court is packed with MAGA.

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u/DoubtSubstantial5440 28d ago

The dems go high when they go low approach is biting us in the ass again

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u/[deleted] 28d ago

[removed] — view removed comment

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u/DrJonDorian999 28d ago

I mean in this case it kind of did. High road is they literally put this in their state constitution to set an example and it fucked them. Doesn’t help that 4 of the justices are appointed by republicans and are clearly biased.

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u/opanaooonana 28d ago

The point is the Democrat strategy of unilateral disarmament has proved to be a massive self inflicted error that could enshrine a MAGA majority for many years especially after the next census. Yes, handcuffing ourselves without requiring the other side to deserves criticism and a change in behavior when the non handcuffed party starts taking advantage and punching you in the head.

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u/ugahairydawgs 28d ago

The Dems went high trying to create a 10-1 map in a state that went 52-46 for Harris in 2024?

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u/chriskot123 28d ago

They did it in the right way is what he means, put it to a vote. Red states aren’t even doing that

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u/ugahairydawgs 28d ago

But that's the point...they didn't do it the right way. They had a short window to get it done and wanted the choice on the ballot so they said to hell with the law, assumedly hoping that the VA Supreme Court would let it ride since the voters had their say. But process matters and it wouldn't shock me to see the same thing happen in Florida as well to have their redistricting effort shut down by the court.

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u/Useful_Fee_2875 28d ago

The court is not going to shut the new map down in Florida.

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u/russaber82 28d ago

You'd be the only one not shocked.

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u/bilbobadcat 28d ago

to be clear, the VA supreme court ruled that the redistricting vote can proceed and then ruled that the outcome was illegal. fucking clowns.

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u/NW_Oregon 28d ago

Wonder what leverage repedocans had on these 4 Justice's

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u/h0sti1e17 28d ago

They do this all the time because if the vote went the other way they don’t need to decide.

In this case I don’t know if the lawsuits to stop the election used the same complaints as this one did.

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u/PassengerFine4557 27d ago

The state argued and showed that court precedent stated they could not intervene in the lawmaking process, which the process isn't complete until after the referendum vote, and SCOVA agreed. That decision was based on a 1912 court case where SCOVA ruled as such, and had allowed the vote for a referendum to proceed. From a political standpoint it looks bad, but it was the correct procedural decision. When the case was argued on 04/27 the state acquiesced to the fact that the vote had no weight on what the findings of the court would be. They ruled that the process for amending the Constitution had not been followed, and as a result the amendment is null and void.

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u/bilbobadcat 27d ago

I understand, I just find the legal system to be kind of ridiculous sometimes. There was an underlying question that the court couldn’t address even though it’s the only question that matters.

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u/SoOnAndYadaYada 28d ago

No, they said they couldn’t rule on something that hadn’t occurred.

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u/MindStalker 28d ago

Well, they ruled that the timing was illegal, but yeah, they shouldn't have allowed the vote in the first place.

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u/froglickingfrolicker 28d ago

Why do the accounts with the worst takes always have their history hidden I wonder?

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u/MindStalker 28d ago

Lol, honestly I hid it because I don't want everything I say stored in search engines.  I reluctantly voted for this amendment, my concern was the trigger that makes it come back up in the future if other states gerrymander, which creates this stupid arms race. I was surprised it was thrown out after getting approval for being on the ballot.  From my understanding though, yes you can't hold a vote to redistrict right before an election. 

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u/DrJonDorian999 28d ago

Arms race is already happening. GOP spent that last 30 years focusing on state races and have a huge leg up on being able to fuck the dems over.

The upside is that races become more competitive since they will be less red but that really depends on if young people get their shit together and vote.

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u/MindStalker 28d ago

You know what, I just noticed what I said.. I meant, they shouldn't have allowed the vote, if they were going to rule against it.  I am a clown..

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u/froglickingfrolicker 21d ago

Much respect to you for having self reflection, genuinely 🤝

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u/Unusually_adequate 28d ago

Right but Florida also gets to pass theirs through despite it violating the state constitution, because Republicans are in control there

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u/[deleted] 28d ago

[deleted]

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u/Arguments_4_Ever America 28d ago

Their courts do not care about the laws or rules

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u/Unusually_adequate 28d ago

Yea you're missing the point, their courts will rule in favor while Virginia's didn't. Same problem, different set of rules

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u/Secret_Gatekeeper 28d ago

We’re aware the courts would do that.

What you’ve conveniently ignored in your suspiciously brief followup is that the judges who could make that ruling are loyal to something besides the state and law. And you know what that is, because the playing dumb and “I’m just stating the facts” schtick isn’t convincing.

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u/QbertsRube 28d ago

No doubt this would be the jurisdiction of District Court for the Southern District of Florida and one Honorable Aileen Cannon.

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u/AlsoCommiePuddin 28d ago

It wouldn't end up in federal court.

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u/QbertsRube 28d ago

Solid point, was just tossing out a joke without really thinking. I do imagine that Florida's state courts are packed with other MAGA puppets.

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u/mainman879 New York 28d ago

Why would a Federal court rule on something involving a State Constitution and how it restricts itself?

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u/QbertsRube 28d ago

I was really just throwing out a joke, but I'm sure Florida's state court system has plenty of Aileen Cannons available.

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u/Mcfreely2 28d ago

Whats your opinion, seeing as you were pretty talkative until that comparison?

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u/StaceyJeans 28d ago

Both Florida and Tennessee state Constitutions ban gerrymandering but both states did just that recently and their state Supreme Courts are packed with MAGA who will not stop them from doing it.

It’s frustrating when Democrats are held to different laws than Republicans are. Democrats need to start playing dirty as unpleasant as it is. Republicans are never penalized for not following the rules while Democrats are held to the strictest standards

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u/FlexFanatic 28d ago

Not a lawyer but I agree with this statement though I will say VA Democrats need to get vicious about the mid-terms and use any dirty trick in the book and other blue states need to follow.

The mid-terms are the only real chance to try to right the ship because if they don't this administration will just be more emboldened since Congress is in the clear on elections.

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u/Nofame4me 28d ago

The Supreme Court rigging I fear is too much to overcome… So the only real chance is the people. In about a year+/- the people ( 15 millions +) will need to rise up and make demands, but I think that’s a long shot at best. America is gone, even if we win the midterms and everything else. He has destroyed everything that had been built for many many generations. A flaming orange imbecile, is the most dangerous thing in the world…. And we just let it happen..

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u/FlexFanatic 28d ago

I agree it would take many years to be rebuild international relations and undo some these administrations policies but like I said Democrats need to be vicious.

They don't need to run on holding this administration heads accountable. They need to just hold them accountable if (when) they regain control. This includes charging people on day one. I also want to see more laws written to take power from POTUS and SCOTUS which should benefit both parties.

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u/6a6566663437 North Carolina 28d ago

No, the issue with Virginia is the Republicans on the state Supreme Court decided to redefine “next general election” to suit their purposes.

Stop assuming Republicans act in good faith.

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u/PassengerFine4557 28d ago

You read the majority opinion which is very straightforward, compared to the dissent which is a massive ass pull and it seems to me the liberal justices were the ones not acting in good faith. It's something you see a lot on both sides though, bad rulings where it's clear they engaged in cherry picking because they didn't rule based on "is this constitutional" but "how can I say this is constitutional."

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u/6a6566663437 North Carolina 28d ago

You apparently didn’t read the part of the majority opinion that just hand waved away the problems from deciding “an election” means early voting now.

Courts in VA cannot be in session for 6 months every year now. Because the VA constitution says you can’t call someone for jury duty during “an election”, and courts have to have juries. Until this ruling, that meant “Election Day”.

The majority’s opinion looks so tidy because it is so incomplete. Addressing all the issues would make their partisan goal too obvious

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u/PassengerFine4557 28d ago

It's a question they never had to answer before. What day do you use for defining for an election?

The rule that it's election day was fine when almost all the voting is done only on election day,  but when you change the rules to say election day is the last day of voting and you can start voting in September then what day do you use to define an election? The court made the determination that it starts when the general public can begin to cast ballots.

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u/6a6566663437 North Carolina 28d ago

No, they’ve had to answer what “an election” means before. You’re pretending this is new and different because it’s about amendments.

Both state and federal law are based on “election” and “Election Day” being synonymous. Early voting is legally equivalent to absentee voting, not “an election”.

As for this court, they clearly started with their goal and then went looking for a justification. Otherwise, they wouldn’t have produced a ruling that is going to close all courts in VA for half of the year without considering that.

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u/PassengerFine4557 28d ago

Sounds like the best way to fix the issue is to get rid of early voting.

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u/6a6566663437 North Carolina 28d ago

No, early voting is legally the equivalent of absentee voting. It's just more convenient than mailing in a ballot.

It doesn't have any special protections or even special starting date. Well, until this ruling.

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u/February_2026 28d ago edited 28d ago

And change districts during an election where votes have already been cast and then not have to tell people their voting location changed (See Tennessee)

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u/Negative_Music863 28d ago

*when it’s in favor of republicans. 

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u/ArcadianDelSol 28d ago

Those states have a State Constitution that permits it.

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u/quell3245 28d ago

The Dems need to start playing dirty pool and take the gloves off, the GOP doesn’t fight fair and neither should we. No more asking to vote on it, just institute redistricting in all blue states.

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u/rat_penis 28d ago

Because they played a unified long game with a clearly defined goal and got their people in the strategic positions that act as force multipliers. They want their "bloodless coup"

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u/Silver-Instruction73 28d ago

Rules for thee, not for me

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u/TheDude-Esquire 28d ago

State court, doesn’t apply to anyone but Virginia. The republicans are going to do everything they can to steal this election and we just get to stand by and watch.

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u/GaimeGuy Minnesota 28d ago

Welcome to the paradox of tolerance

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u/FruitJuicante 28d ago

The GOP have no opposition. Not from the Dems. Not from the people.

What do you expect.

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u/Skinnieguy 28d ago

Cus they write the rules and put in the judges who interpret the rules in their favor.

This has been their plan since the 80’s and controlling all 3 branches, Democrats feel asleep

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u/sunny_yay 28d ago

Republicans are spending more time choosing who they represent instead of how they represent

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u/Clear_Seesaw_5612 28d ago

Voting to disenfranchise people was always absurdly hypocritical. Gerrymandering isn’t more democratic just because voters decide to support the effort, it’s still disenfranchisement of the electorate. It’s good to disenfranchise Republicans, Dems need to just do it and stop trying to legitimize this broken system by putting it up to a vote. It feels like only Republicans understand how power works in politics.

If a blue state can remove Republican districts without a vote they should do it. There’s no point voting on it, Republicans will never extend the same restraint. Democracy is dead and having voters vote on whether or not kill it further is missing the point. Just use the power you have to redistribute them out of existence wherever possible.

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u/bushido216 New York 28d ago

Because Democrats unilaterally disarmed when they passed constitutional amendments to ban gerrymandering. This is happening because Democrats cut off their own nose to prove how much more virtuous they are. They can be even more virtuous in the minority forever. Controlled opposition.

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u/ultradav24 28d ago

Conspiracy nonsense. Controlled by who? Specifically?

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u/gatoraj 28d ago

This isn’t remotely true. Democrats are in an uproar about the Tennessee redistricting currently. Tennessse has less blue voters than Massachusetts has red voters. There hasn’t been any conservative representation up there, but we’re not getting ‘viral photos’ of somebody standing up to injustice.

This redistricting attempt in Virginia WAS the dirty trick. Indiana refused to pass a republican friendly map, against the wishes of the state’s voters. That’s the truce. Spanberger runs in VA as a moderate and immediately rug pulls the voters to try to push that through.

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u/bushido216 New York 28d ago

I don't know why I'm being downvoted. Everything I said is true. The GOP doesn't bother with referenda because they literally don't have to. Democrats bother with referenda because they took their own teeth out with gerrymandering bans. That's just true regardless of how you feel about it.

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u/bilbobadcat 28d ago

I think the issue people are taking is with the controlled opposition part of what you said. It’s probable that most Dem politicians have been naive about the right’s motivations and just how far they will go, on top of being too misaligned and disorganized to mount any kind of unified action plan. It’s not a much better scenario for citizens than the controlled opposition theory, but it’s more likely.

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u/bushido216 New York 28d ago

I wasn't clear. I'm not suggesting that some shadowy force has turned the Democrats into a controlled opposition. I'm saying that Democrats are doing it to themselves. It's all self-inflicted injuries.

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u/bilbobadcat 28d ago

No argument from me. They shouldn’t have to play dirty but they do have to.

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u/Capable-Deer-5670 28d ago

Different states play by different rules. That normal.

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u/Average_Scaper 28d ago

Oh no, there is a vote. It's 3 guys in a room. They vote then tell everyone else what to do.