dailyloe.com – The Virginia Supreme Court heard oral arguments on April 27, 2026, regarding the legality of a constitutional amendment approved by voters. This amendment allows Democrats to implement a congressional map favorable for the upcoming midterm elections. The court’s questioning indicated skepticism towards the Democrats’ legal arguments.
Republicans have challenged the amendment’s process in several court cases. They argue that the Democratic-controlled Legislature made procedural errors when placing the amendment on the ballot, which they claim invalidates the results of the special election held on Tuesday.
To amend the constitution, lawmakers must pass an amendment in two consecutive legislative sessions with an election in between. Republicans contend that Democrats first passed the amendment after early voting had started for Virginia’s 2025 elections, failing to meet this requirement.
Democrats argue that Election Day itself is the critical date, not the start of early voting. They maintain that voters had ample time to understand the amendment’s implications.
Virginia Solicitor General Tillman Beckenridge stated in court, “If we’re talking about the purpose of protecting the people’s vote… it would be patently unfair to override the people’s vote because of a concern that they had not gotten the opportunity to voice their opinion months earlier.”
One justice inquired about the implications of adopting a constitutional amendment at 6 p.m. on Election Day. Beckenridge clarified that the state’s position is that amendments must be finalized before Election Day.
Earlier this year, the Virginia Supreme Court allowed the special election to proceed but reserved the right to rule on the case’s merits later. Voters approved the redistricting referendum by a margin of 3 points.
The amendment enables Virginia Democrats to bypass a bipartisan commission overseeing the redistricting process. The newly drawn map could allow the party to represent 10 of Virginia’s 11 congressional districts.
