Redistricting Shockwaves: Virginia Amendment Struck Down, Southern States Reshape Maps for 2026

A series of court rulings and state legislative actions have reshaped the congressional redistricting landscape for the 2026 midterm elections. The Supreme Court of Virginia struck down a voter-approved constitutional amendment that would have allowed the state legislature to implement a new congressional map. Separately, the U.S. Supreme Court issued rulings that have facilitated Republican-led redistricting efforts in several Southern states.

Virginia Redistricting Invalidated

The Supreme Court of Virginia ruled 4-3 to nullify a constitutional amendment approved by voters on April 21, 2026. The amendment, which passed with approximately 52% of the vote, would have allowed the Democratic-controlled General Assembly to redraw the state's congressional districts. The court found that the legislature violated the multi-step procedural process required for placing constitutional amendments on the ballot.

Justice D. Arthur Kelsey, writing for the majority, stated that the procedural violations "irreparably undermines the integrity of the resulting referendum vote and renders it null and void." Chief Justice Cleo Elaine Powell dissented, arguing that the majority improperly expanded the definition of "election" to include the early voting period.

Specific Violations Found by the Court

• The legislature's first vote on the amendment occurred after early voting had begun for the general election, with approximately 40% of ballots already cast.
• State lawmakers failed to follow their own rules for adding the redistricting amendment to a special session agenda.
• The state failed to publish the amendment three months before the election as required by a 1902 law.

Legal Challenges and Lower Court Rulings

Prior to the Virginia Supreme Court's final ruling, Tazewell County Circuit Judge Jack Hurley issued multiple orders related to the referendum:

• In January, Judge Hurley ruled that the constitutional amendment resolution was improperly passed during a special legislative session and introduced too close to an intervening election.
• On Wednesday, April 22, Judge Hurley issued an order blocking the certification of the referendum results, declaring all votes "ineffective."
• The judge stated the ballot language was "flagrantly misleading" and that the referendum violated the state constitution.

The Virginia Supreme Court had previously stayed Judge Hurley's orders to allow the April 21 vote to proceed, but did not rule on the underlying legal issues at that time.

Official Responses

"Virginia voters have spoken, and an activist judge should not have veto power over the People's vote. We look forward to defending the outcome of last night's election in court."
— Virginia Attorney General Jay Jones (D), announcing an immediate appeal

• Virginia Governor Abigail Spanberger (D) expressed disappointment, noting that over three million Virginians voted and a majority supported the measure.
• Republicans, including Senate Republican Leader Ryan T. McDougle and NRCC Chairman Richard Hudson, praised the ruling as upholding the rule of law.
• The Republican National Committee called the ruling "a major victory for Virginians."

Impact

As a result of the ruling, Virginia will use the same congressional district map for the upcoming election as it used in 2022 and 2024. Under the current court-imposed map, Democrats hold six of Virginia's eleven U.S. House seats and Republicans hold five. The proposed amendment would have shifted this to an expected 10 Democratic seats and 1 Republican seat.

Democrats filed an emergency appeal with the U.S. Supreme Court seeking to reinstate the amendment.

U.S. Supreme Court Ruling and Southern State Redistricting

On April 29, the U.S. Supreme Court ruled 6-3 in Louisiana v. Callais, striking down Louisiana's congressional map which contained two majority-Black districts. The Court held that districts only violate Section 2 of the Voting Rights Act when there is a strong inference of intentional discrimination. This ruling narrowed the application of the Voting Rights Act and has prompted Republican-led states to redraw congressional maps.

Tennessee

Tennessee became the first state to pass new congressional districts following the Callais ruling.

• Governor Bill Lee called a special legislative session beginning May 12.
• On May 7, the Republican-controlled legislature passed a new congressional map that divides Shelby County, including Memphis, into three districts.
• The map eliminates the state's only Democratic-held and majority-Black congressional district, currently represented by Rep. Steve Cohen (D).
• The legislature first voted to overturn its own ban on mid-decade redistricting before passing the new map.
• Governor Lee signed the bill into law on the same day.

"These maps were drawn to maximize our partisan advantage."
— Republican state Senator John Stevens

"You have awakened a sleeping giant today."
— Democratic state Senator London Lamar

• Republican House Speaker Cameron Sexton stated the map was drawn "based on population and politics" and that "no racial data was used."
• Democratic state Representative Justin Pearson described the maps as "racist tools of white supremacy."

The NAACP Tennessee State Conference filed a lawsuit in state court arguing the mid-decade redistricting is illegal. Representative Steve Cohen stated he will also sue over the map.

Tennessee currently has eight Republicans and one Democrat in the U.S. House. The new map is expected to result in a 9-0 Republican delegation.

Alabama

• Governor Kay Ivey called a special legislative session beginning May 11 to discuss contingency plans for special primary elections.
• On Friday, May 9, Governor Ivey signed legislation authorizing special primary elections for affected districts if courts permit a map change.
• The legislation allows the governor to void May 19 primary results for certain seats and schedule a new primary under revised districts.

A three-judge federal panel (including two Trump appointees and one Clinton appointee) unanimously blocked Alabama from using its 2023 congressional map, ruling that it "intentionally discriminated based on race" by including only one majority-Black district. The court ordered the state to continue using a court-ordered map with two districts where Black residents comprise a majority or close to it.

• The lower court's ruling was issued on Tuesday, May 12.
• Alabama Attorney General Steve Marshall announced plans to appeal to the U.S. Supreme Court.
• On Monday, May 18, the Supreme Court vacated the lower court order and directed reconsideration of the case in light of Callais.
• On May 21, the lower court again ruled the 2023 map unconstitutional, finding intentional discrimination separate from the Callais decision.
• On May 26, the Supreme Court stayed the lower court's order, allowing Alabama to use the 2023 map for the 2026 elections.
• The Court's order was unsigned, with Justices Sotomayor, Kagan, and Jackson dissenting.

Justice Sotomayor wrote in dissent that the move was "inappropriate and will cause only confusion as Alabamians begin to vote."

Alabama will use a map with one majority-Black district for the 2026 elections. The map is expected to affect Democratic Representative Shomari Figures, who was elected in 2024 under the court-ordered map with two majority-Black districts. Alabama's primaries were postponed from May 19, with special primaries scheduled for August 11.

Thousands gathered in Montgomery, Alabama, on Saturday for a voting rights rally organized by Fair Fight Action, retracing the 1965 Selma-to-Montgomery march route. Speakers included Senators Cory Booker and Raphael Warnock.

Louisiana

• Governor Jeff Landry suspended the May 6 congressional primaries.
• On Thursday, the Louisiana state senate voted 27-10 to pass a new congressional map that would eliminate one of the state's two majority-Black House districts.
• The new map is nearly identical to one used in 2022 that resulted in a 5-1 Republican majority.
• District 6, currently represented by Democrat Cleo Fields, would be reshaped to make it more Republican.
• District 2, currently represented by Democrat Troy Carter, would retain its Black majority, covering New Orleans to part of Baton Rouge.
• The legislature approved a bill moving the election to an open primary on November 3.
• The map must be approved by the state House by June 1.

Florida

• Governor Ron DeSantis signed legislation to redraw the state's congressional map.
• The new map is expected to give Republicans four additional seats.
• A lawsuit has been filed by voting rights activists alleging violation of the state constitution's ban on partisan gerrymandering.

South Carolina

• Governor Henry McMaster called a special legislative session beginning May 14.
• The proposed map would target the 6th District, held by Democratic Representative Jim Clyburn, which has nearly 50% Black voters.
• The map would break up the 6th District but would make the other six districts less Republican.
• On June 4, the South Carolina Senate voted against advancing the proposed congressional map, effectively ending the redistricting effort.
• Some Republican senators cited the start of early voting for previously scheduled June 9 primaries as a reason for opposing the plan.

Georgia

• Governor Brian Kemp called a special legislative session beginning June 17 to address redistricting for the 2028 election cycle.
• Republican legislative leaders stated they lacked sufficient time to address redistricting for the 2026 elections.

Mississippi

• Governor Tate Reeves initially called a special session to address state supreme court districts but rescinded it, stating congressional redistricting would occur later.

National Redistricting Impact

According to CNN's redistricting tracker and the Cook Political Report, the net benefit for Republicans from redistricting in the 2026 election cycle is estimated at 10-12 seats, following the Virginia Supreme Court decision.

Projected Republican Gains: 16-18 seats

• Texas: 5 seats
• Florida: 4 seats
• Alabama: 1-2 seats
• Louisiana: 1-2 seats
• Tennessee: 1 seat
• Missouri: 1 seat
• North Carolina: 1 seat
• Ohio: 2 seats

Projected Democratic Gains: 6 seats

• California: 5 seats
• Utah: 1 seat

Litigation Status

All post-Callais redraws face lawsuits. The U.S. House currently has 217 Republicans and 212 Democrats.