Virginia AG files emergency appeal to US Supreme Court on maps

Virginia AG files emergency appeal to US Supreme Court on maps

Virginia Attorney General Jay Jones filed an emergency request with the U.S. Supreme Court after Virginia’s high court blocked a statewide redistricting referendum. FOX 5 D.C.'s Chief Legal Correspondent Katie Barlow has the latest. 

VIRGINIA - Virginia Attorney General Jay Jones has filed an emergency request for a stay with the United States Supreme Court after the Virginia Supreme Court blocked a statewide redistricting referendum that Democrats said could reshape the state’s congressional map.

In the filing, Jones argued the Virginia Supreme Court misinterpreted federal law by treating an "election" as a single day rather than an ongoing process. He also argued the court improperly assumed the role of the state legislature in regulating federal elections.

Ongoing legal battle

Dig deeper:

The emergency request comes just hours after the attorney general’s office reportedly notified the Virginia Supreme Court that it intended to appeal the ruling, though no filing had appeared at the U.S. Supreme Court at that time.

The legal battle centers on a proposed redistricting referendum that critics said would have created a congressional map favoring Democrats by a 10-1 margin, according to previous FOX 5 D.C. reporting. The Virginia Supreme Court ruled against the proposal, effectively halting efforts to implement new maps ahead of the 2026 election cycle.

The New York Times also reported that congressional Democrats participated in a strategy call to discuss possible responses to the ruling.

One option reportedly discussed was attempting to remove current members of the Virginia Supreme Court, though that would face steep political and legal hurdles. Under Virginia law, justices can only be removed through impeachment, which requires a supermajority vote in both chambers of the General Assembly.

Lawmakers could also attempt to lower the mandatory retirement age for justices, though election officials have warned the timeline for changing maps is rapidly closing.

What's next:

Virginia Elections Commissioner Steven Koski told the court that May 12, marks the final day changes could be made to congressional maps without significantly disrupting the state’s ability to meet primary election deadlines.

University of Virginia political analyst Larry Sabato said Democrats’ most realistic path may be restarting the process next year and pursuing a new referendum for future election cycles.

The attorney general’s office has not publicly commented further on the emergency filing.