See below for the ruling from Tazewell County Circuit Court Judge Jack S. Hurley, Jr. (an appointee of Republican Gov. Bob McDonnell in a deep-red part of Virginia) this afternoon in the lawsuit filed by VA Senate GOP Leader Ryan McDougle et al. against VA Speaker Don Scott et al regarding Democrats’ attempt to do mid-decade redistricting in Virginia. Basically, Hurley didn’t agree with Democrats on anything…but in the end, this will come down to the small-c conservative VA Supreme Court, and given how clearly partisan this judge’s ruling was, it’s hard to imagine they don’t have major problems with it.
As Sam Shirazi says:
“State lower court rules in favor of GOP in their lawsuit against Virginia redistricting
This will almost certainly appealed to the Virginia Supreme Court
GOP brought the case in a deep red part of Virginia
I’ll review the opinion and give some thoughts a little later”
More from Sam Shirazi:
“Court finds 3 reasons referendum cannot move forward
1. Legislature didn’t follow own rules
2. Election was already underway
3. Notices weren’t posted for 90 days
IMO decent chance VA Supreme Court reverses 1 and 2
3 wildcard”
UPDATE 4:38 pm –
UPDATE 4:44 pm:
TCCC McDougle v Nardo Order by Lowell Feld
See below for analysis by Sam Shirazi:
“Quick 🧵on Virginia redistricting opinion
Court finds 3 reasons referendum cannot move forward
1. Legislature didn’t follow own rules
2. Election was already underway
3. Notices weren’t posted for 90 days
IMO decent chance VA Supreme Court reverses 1 and 2
3 wildcard
In terms of legislature not following own rules, skeptical VA Supreme Court will uphold that
Raises separation of powers issues
This passed with a majority vote in both chambers
Courts generally allow legislature to run its own business
The issue of early voting already starting and election already underway is interesting
GOP raises valid policy arguments
But text of state Constitution doesn’t mention any such requirement
Simply says “after next general election”
Reading a lot that isn’t there
State law does discuss clerks posting referendums 3 months before election
However doesn’t impose requirement on General Assembly
So it could be required for clerks to do this if possible, but not something that is a requirement of overall process
In final analysis, opinion doesn’t cite much case law and raises mostly policy issues
Virginia Supreme Court tends to be more textualist
Could cut both ways
They could emphasize text of State Constitution
Or text of state law requiring clerks to post for 90 days
We’ll see…”
- According to former VA Del. Tim Anderson, a very conservative Republican:
“A Tazewell County Circuit Court blocked Virginia’s proposed redistricting constitutional amendment, declaring the General Assembly’s actions void ab initio and issuing a permanent injunction.
Why the court stepped in:
• The General Assembly violated its own Special Session rules to add the amendment
• The amendment passed after the 2025 election had already begun (early voting), so there was no “ensuing general election” as required by the Constitution
• Va. Code § 30-13 notice requirements were not followed, making any 2026 vote ineffective
Important limitation:
This is a circuit court order, so it is formally binding only in Tazewell County — not statewide yet. But it squarely declares the process unconstitutional, forces an appeal, and seriously clouds the amendment’s path unless reversed or stayed.”
- Far-right VA State Senator Mark Obenshain: “VA Circuit Court judge rules that the passage of the Dems Partisan Gerrymandering Amendment by the GA 4 days before the election in Nov violated the clear and unambiguous notice requirements of law. The court entered an injunction prohibiting the planned April 21 referendum.”
