Virginia Attorney General Jay Jones filed an emergency request to the U.S. Supreme Court asking it to restore a new congressional map that was voided by the state’s Supreme Court last week.
Jones, who made the filing on behalf of Democratic state lawmakers, wrote that the state court “overrode the will of the people,” according to NBC News.
Although the U.S. Supreme Court does not have jurisdiction over state law matters, Jones argued in the filing that the Virginia Supreme Court’s decision also violated federal law.
According to The New York Times, Democratic lawmakers and national party leadership held a private call over the weekend to map out next steps following the state court’s Friday ruling. People familiar with the discussion described a tense, unsettled conversation, with leaders pressing through legal and legislative options while the window for action continues to narrow.
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Court ruling triggers scramble
The Virginia Supreme Court struck down the map that was ratified in a recent referendum, wiping out a configuration Democrats had expected to use in upcoming House races. Election officials have warned that changes made after May 12 would increase the risk of disrupting preparations for the state’s August primary.
According to The Times, Democratic leaders were weighing whether to move forward under the existing map while trying to flip Republican-held seats, or attempt a more direct intervention to redraw district lines.
Proposal targets state Supreme Court
One proposal discussed before Democrats decided to appeal to the U.S. Supreme Court included a path to reassert control over the process by altering the composition of the state court. The idea, which was first published Friday by the progressive newsletter The Downballot, centers on lowering the mandatory retirement age for Virginia Supreme Court justices, which is set by the General Assembly.
Under the state constitution, lawmakers have the authority to set retirement rules for judges. Changing that threshold could force current justices off the bench, allowing the legislature — where Democrats hold majorities — to appoint replacements.
Supporters of the approach argue it would allow a newly configured court to revisit the map decision.
Others inside the party, according to The Times’ reporting, have raised concerns about whether the move would hold up politically or gain support from key state leaders, including Gov. Abigail Spanberger, who would need to sign off on any legislative change.
Leaders signal willingness to push further
Some Democratic lawmakers are openly backing a broad response. Rep. Suhas Subramanyam, who participated in the weekend call, said Republicans have taken similar steps in other states and argued Democrats should not limit their options.
“We have Republican states ignoring their constitutions and interrupting early voting and ignoring their Supreme Courts all together,” Subramanyam said in an interview with The Times. “We know based on that, Republicans would explore every single option possible to move this forward.”
House Minority Leader Hakeem Jeffries has also indicated the party is considering a wide range of actions. He said he is reviewing ways to respond to the court’s decision and emphasized that Democrats will continue to challenge it.
“It’s an all-hands-on-deck moment,” Jeffries told The Times. “We’re not going to step back, we will continue to fight back.”
Any legislative effort to redraw the map would need to move quickly to meet election deadlines. Party officials are also preparing to compete under the current district lines if no changes are made.
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