FOR IMMEDIATE RELEASE
Jefferson Forum calls for civility as candidates and voters move forward with the bipartisan Congressional maps they voted for in 2020
May 8, 2026 — Jefferson Forum today praised the decision of the Supreme Court of Virginia striking down the controversial congressional gerrymandering referendum, calling the ruling “a landmark victory for constitutional government, voter integrity, and the rule of law in the Commonwealth.”
In a sweeping opinion authored by Justice D. Arthur Kelsey, the Court held that the General Assembly violated Article XII, Section 1 of the Constitution of Virginia by advancing the constitutional amendment after 1.3 million Virginians had already voted in the 2025 general election — giving them no say in this important amendment. The Court concluded that the constitutional violation “incurably taints the resulting referendum vote and nullifies its legal efficacy.”
The Court repeatedly emphasized the very concerns Jefferson Forum raised publicly throughout the referendum fight: that the process was rushed, constitutionally defective, misleading to voters, and designed to circumvent the anti-gerrymandering reforms Virginians overwhelmingly adopted in 2020.
“This decision confirms exactly what Jefferson Forum warned from the beginning,” said Peter Lipsett, Chairman of Jefferson Forum. “The Constitution of Virginia is not a political obstacle course that can be bypassed whenever one party believes it has a temporary advantage. The Supreme Court rightly held that constitutional procedures matter — especially when politicians seek to rewrite the rules governing elections themselves.”
The Court went even further and strongly criticized the underlying purpose of the referendum, explicitly describing the proposed congressional map as a “highly partisan gerrymandered map” expected to produce a 10-1 congressional delegation split despite Virginia’s closely divided electorate. After a bruising and expensive battle over this referendum, the Supreme Court’s decision will hopefully restore some level of civility to the Commonwealth and a renewed adherence to “the Virginia Way.”
Importantly, the Court rejected the argument that the referendum result itself could cure constitutional defects in the process. As the Court explained, constitutional safeguards exist precisely to prevent temporary political majorities from circumventing the carefully designed amendment process established by Virginia’s Constitution.
“The Court understood what many Virginians instinctively recognized,” noted Derrick Max, Vice President of the Jefferson Forum. “You cannot preserve democracy by undermining constitutional safeguards. You cannot claim to support fairness while disenfranchising voters who had already cast ballots before the amendment was even proposed. And you cannot erase constitutional violations simply because powerful political interests spent unprecedented amounts of money to influence the outcome.”
Jefferson Forum also noted that the Court’s ruling vindicates the principle behind Virginia’s 2020 redistricting reforms, which were adopted specifically to reduce partisan manipulation of congressional districts. The Court favorably referenced the bipartisan reform movement and observed that Virginia’s post-2021 maps had been widely regarded as among the fairest in the nation.
“Virginia’s bipartisan redistricting amendment should be the model for the rest of the country — this is bigger than one referendum or one election cycle,” Max said. “Today’s ruling reaffirms that Virginia remains governed by constitutional order, not partisan expediency. The Court defended the integrity of the amendment process, protected the rights of Virginia voters, and upheld the principle that no political party is above the Constitution.”
About Jefferson Forum
Jefferson Forum is a Virginia-based public policy organization dedicated to advancing constitutional government, individual liberty, free enterprise, and accountable public institutions throughout the Commonwealth.
About Jefferson Forum
Jefferson Forum is a Virginia-based public policy organization dedicated to advancing the principles of limited government, free markets, individual liberty, and personal responsibility. Formed through the merger of the Thomas Jefferson Institute for Public Policy and the Yorktown Foundation for Public Policy, the organization conducts research, publishes policy analysis, and engages in public education on issues affecting the Commonwealth.
Media Contact:
LJ Brouillette
Associate Director of Development and Communication
Phone: 717-514-3106
Email: LJ@jeffersonforum.org
