The Virginia State Capitol in Richmond, Virginia, in 2023. (Photo: Win McNamee/Getty Images)

Virginia Democrats appealed a state court order that blocked the redistricting plan that would net Democrats as many as four seats.  

On Tuesday, Judge Jack S. Hurley, Jr. sided with GOP-backed plaintiffs and granted their motion for a preliminary and permanent injunction, ruling that the General Assembly’s Oct. 31, 2025 vote to amend the state’s constitution was null and void.

As promised, Democratic leadership in the General Assembly quickly appealed the judge’s order.

“Today, we followed through on our commitment to appeal the Tazewell ruling,” they wrote. “This decision was legally flawed, unprecedented, and the product of court-shopping designed to block Virginians from voting on their own Constitution.”

Hurley ruled that the special session, which was left open by then-governor Glenn Youngkin (R) in May 2024, was originally called to address the state’s budget and anything beyond that scope could only be introduced by unanimous consent of the legislators. 

The judge also took issue with the legislature voting on the bill after early voting began for the 2025 state legislative elections. “The Constitution REQUIRES an intervening election FOLLOWING the first passage of the constitutional amendment,” he wrote.

Democratic legislators sought to bring a proposed constitutional amendment before Virginia voters to allow them to redraw the state’s congressional map in response to mid-decade redistricting by Republicans in Texas, North Carolina and Missouri. 

Yesterday’s order was somewhat of a surprise as only two weeks prior Hurley denied the GOP’s attempt to block the bill from being introduced to the General Assembly in its new legislative session which began on Jan. 14.

If successfully appealed, Virginia Democrats plan to send the proposed amendment to voters in April. The state court of appeals will now take up the case. 

*Intervening defendants are represented in the lawsuit by the Elias Law Group (ELG). ELG Chair Marc Elias is the founder of Democracy Docket.