Full Breakdown
Virginia Supreme Court Denies Emergency Stay on Redistricting Referendum
4/29/2026, 5:12:48 AM
Court Denies Emergency Stay
On April 28, 2026, the Virginia Supreme Court issued a per-curiam order denying Attorney General Jay Jones’s request for an emergency stay that would have lifted a lower-court injunction blocking certification of the recent redistricting referendum. The decision leaves the voter-approved amendment in legal limbo while the court reviews the case on its merits.
Background and Procedural Issues
In March, voters approved a constitutional amendment to replace Virginia’s congressional map with a Democratic-drawn plan that could add up to four Democratic seats. Opponents argue the amendment violated state law because the ballot question was added after early voting began and without the required 90-day publication. A Tazewell County judge issued an injunction on April 22, declaring the amendment invalid and barring certification. The timing of the amendment’s passage also raised concerns about compliance with state statutes governing ballot measures.
Timeline
Official Statements & Responses
Virginia Solicitor General Tillman J. Breckenridge told the court that overturning the referendum would disregard the voters’ decision, emphasizing that procedural flaws should have been resolved before the ballot. Two justices expressed skepticism, and the per-curiam denial signals no immediate move to certify the results.
Criticism & Opposition
Republican plaintiffs contend the amendment breached state law by bypassing the 90-day publication rule and by adding the question after early voting began, warranting nullification. Democrats counter that the injunction erodes voter confidence and discards a legitimate expression of the electorate.
Conflicting Reports & Gaps
All sources agree the court denied the stay, but they differ on how the pending merits decision may unfold. No source provides a definitive forecast of whether the Supreme Court will ultimately strike down the amendment or later lift the injunction, leaving the outcome uncertain.
Verbatim Quotes
- “Upon consideration whereof, the Court denies the motion.” — Virginia Supreme Court
- “The court issued an order earlier today saying absolutely not, and state legislator Wren Williams celebrated (via RedState): ? BREAKING: The Supreme Court of Virginia has denied the Attorney General’s Motion for Emergency Stay in RNC v.” — Wren Williams, State Delegate (Twitter)
- “com/fw0wedtbEu — Ken Cuccinelli II (@KenCuccinelli) April 28, 2026 If #SCOVA thought they would let the referendum stand, then logically they would have lifted the injunction on counting & certifying the votes.” — Ken Cuccinelli II, Former Attorney General (Twitter)
- “override the people’s vote” — Tillman J. Breckenridge, Virginia Solicitor General
What’s Next
The Supreme Court will hear arguments on the merits in the coming weeks. Its ruling will determine whether Virginia proceeds with the new Democratic-drawn map for the 2026 congressional elections, a decision that could affect the balance of power in the U.S. House.
