How Virginia's top court might decide Democrats' gerrymandering fate

Virginia Democrats are moving forward with plans to gerrymander their way to four more congressional seats — but they need help from the state’s top court.

After a lower court blocked Democrats’ efforts to amend the state Constitution and redraw federal congressional lines ahead of this fall’s midterm elections, the Virginia Court of Appeals requested the Virginia Supreme Court weigh in.

That puts the fate of the map — and potentially congressional control after the 2026 midterms — in the hands of a group of justices that observers say can be hard to predict.

Political and legal experts in Virginia agree the state Supreme Court is not overtly ideological, with many describing it as “small-c conservative,” leaning heavily on tradition and precedent rather than handing down ideologically right-wing rulings. And many observers say the court is wary of wading too heavily into political fights. But this time, it’s unavoidable.



https://www.politico.com/news/2026/02/12/how-virginias-top-court-might-decide-democrats-gerrymandering-fate-00777364