RICHMOND, VIRGINIA — The Virginia Supreme Court heard oral arguments on April 27, 2026, over the legality of a voter-approved constitutional amendment that allows Democrats to implement a new congressional map ahead of the midterm elections. Justices pressed Democrats' attorneys with detailed questions during the hearing.

Republicans have challenged the process in several court cases, arguing that the Democratic-controlled Legislature made procedural errors in placing the amendment on the ballot and that those errors invalidate the results of the special election held on Tuesday. To amend the state constitution, lawmakers must pass an amendment in two consecutive legislative sessions with an election in between.

Republicans argued that Democrats first passed the amendment when early voting had already begun for Virginia's 2025 elections, meaning they failed to meet that requirement. Democrats countered that Election Day itself, not the start of early voting, is the key date and that voters had sufficient time to educate themselves on the issue.

Virginia Solicitor General Tillman Beckenridge defended the amendment in court. "If we're talking about the purpose of protecting the people's vote and the protecting the people's ability to weigh in, then I feel like it would be patently unfair to override the people's vote because of a concern that they had not gotten the opportunity to voice their opinion months earlier," Beckenridge said.

One justice questioned the limits of that position. "What is your position — your client's position — regarding a constitutional amendment that is adopted at 6 p.m. on Election Day with an hour left at the polls? Is that the next general is that still the next general election?" the justice asked. Beckenridge said the state's position is that the amendment must come before Election Day, not on it.

Earlier in 2026, the court permitted the special election to take place but reserved the right to rule on the merits of the case at a later date. Voters approved the redistricting referendum by three percentage points.

Virginia Democrats pursued the constitutional amendment to temporarily bypass a bipartisan commission that controls the state's redistricting process. The redrawn map could result in Democrats representing 10 of Virginia's 11 congressional districts after the November midterms, up from the current six.