A Tazewell County judge has rejected an emergency request from Republican legislators to halt Virginia’s proposed constitutional amendment that could allow Democrats to redraw congressional maps before the 2026 midterm elections.

Circuit Court Judge Jack S. Hurley Jr. issued the ruling on Monday denying a temporary restraining order sought by Republican state lawmakers who argued the redistricting effort violated the state constitution. The decision comes as the Virginia General Assembly convenes Wednesday for its 2026 regular session, where Democrats are expected to pass the amendment for the second time.

The plaintiffs challenged the special legislative session held in October 2025, arguing that the process violated constitutional procedures and circumvented the voter-approved redistricting commission created in 2020.​​

In his order, Judge Hurley relied heavily on the principle of legislative immunity, citing the 2021 federal case Chase v. Senate of Virginia. The judge concluded that the legislative clerks named as defendants were simply carrying out their official duties and could not be found to have committed any wrongdoing.

The ruling also invoked the separation of powers doctrine.

“For well over a century, the courts of the Commonwealth have recognized a bedrock principle that amending the Constitution is a process left exclusively to the sound judgment of the Legislature that proposes amendments and the citizens that ratify or reject them. See Scott v. James, 114 Va. 297 (1912). While that process is ongoing, “the courts cannot interfere to stop any of the proceedings.” See id. at 304. In the Separation of Power doctrine established by the U.S. Constitution as well as the Constitution of Virginia, the Court’s role in these situations is limited to scrutinizing the Constitutionality of any action of the Legislature is at the conclusion of the act, not in the process thereof,” Judge Hurley wrote.

The proposed constitutional amendment would temporarily allow the Virginia General Assembly to bypass the state’s bipartisan redistricting commission and redraw congressional maps mid-decade if other states do the same. 

Virginia’s current congressional delegation consists of six Democrats and five Republicans. However, Democratic leaders have signaled they intend to pursue an aggressive gerrymander that could flip the state’s representation to as much as 10 Democrats and just one Republican.

Virginia’s redistricting push comes as part of a nationwide battle over congressional maps sparked by President Donald Trump’s pressure campaign on Republican-led states to redraw districts mid-decade. Texas, Missouri, North Carolina, and Ohio have already enacted new Republican-favorable maps, while Florida Gov. Ron DeSantis has called for a special legislative session in early spring to pursue additional GOP gains. California passed a ballot initiative in November 2025 to counter Republican gains.

Democrats argue their response is necessary to counteract what they describe as brazen Republican gerrymanders elsewhere. 

If approved by the legislature, Democratic leaders plan to hold a special referendum as early as spring 2026, which would require Governor-elect Abigail Spanberger to sign legislation authorizing the election. Spanberger, who will be sworn in Saturday, has been notably tepid on the redistricting effort, describing it as an “option” and emphasizing that “nothing happens unless the people actually vote for it.”

The judge’s denial of the temporary restraining order does not prevent Republicans from pursuing their underlying lawsuit challenging the constitutionality of the redistricting process.