February 12, 2026

Virginia Democrats are pressing forward with a contentious plan to redraw federal congressional districts which could significantly alter their representation in Congress. This move, however, hinges on a pivotal decision from the state's highest court.
The Virginia Court of Appeals has elevated the issue to the Virginia Supreme Court after a lower court ruling blocked Democratic efforts to amend the state Constitution and adjust congressional lines before the upcoming midterms. The decision of this top court could reshape the political landscape, potentially affecting congressional control after the 2026 elections.
Observers note the Virginia Supreme Court's reputation for non-partisanship, with many describing it as "small-c conservative," focusing on legal precedent over ideological biases. "The court traditionally avoids political issues, preferring to leave legislation to the legislature. This situation will test that tradition," noted Carolyn Fiddler, a legal expert familiar with Virginia politics.
The current composition of the court reflects a history of bipartisan appointments due to the state's divided political control. This has led to a balance, with justices appointed under both Democratic and Republican majorities. Delegate Terry Kilgore (R) expressed confidence in the court's impartiality: "I believe they will follow the law, which should lead to a ruling in our favor."
At the heart of the legal battle is the timing of implementing new congressional maps. Governor Abigail Spanberger recently signed a bill calling for a referendum on April 21, allowing immediate redistricting based on newly proposed maps. These maps could tilt congressional representation in favor of Democrats, a move contested by Republicans.
The controversy intensified after a Tazewell County judge ruled that the Democrats had bypassed proper procedures in initiating the constitutional amendment, potentially delaying any new maps until after the next legislative elections in 2027.
The Supreme Court's upcoming decision is eagerly awaited by both parties. "This isn't just about redistricting; it's about the rule of law and the timing of elections," stated former Delegate Tim Anderson (R). "If the court finds there wasn't an intervening election as required, the Democrats' plan will be dead."
Legal experts like Jay O’Keeffe, who has experience arguing before the court, emphasized the justices' commitment to legal principles over political considerations. "They don't see themselves as political actors, which means they'll aim for a ruling that strictly interprets the law," he said.
As the state waits, the importance of the Supreme Court's ruling cannot be overstated. According to retired appellate lawyer Steve Emmert, "What everyone needs now is certainty, and soon. The court will likely strive to make a balanced decision, not influenced by political biases."
The forthcoming decision will not only determine the immediate future of Virginia's congressional districts but also set a precedent for how deeply courts can or should intervene in matters of political gerrymandering.