UNANIMOUS' 7-0 Ruling — Virginia Attorney General Stuns Americans, Democrats In Full Meltdown
WASHINGTON, D.C. — Former Virginia Attorney General Ken Cuccinelli (R) stated that he believes the Virginia Supreme Court is likely to strike down the state’s newly approved congressional map in a unanimous 7-0 ruling. His comments come as the legal fight over the referendum intensifies following a lower court ruling blocking its certification.
Cuccinelli made the remarks during an interview with CNN’s Jake Tapper on Friday. He pointed to both procedural concerns and constitutional questions surrounding how the measure was brought before voters. The referendum narrowly passed earlier this week and would reshape Virginia’s congressional delegation. Under the map, Democrats would be favored in 10 of the state’s 11 districts.
Just one day after the vote, a judge in Tazewell County moved to block the results from taking effect. The court cited multiple issues, including concerns over how the ballot language was presented to voters. Tapper raised that development during the interview. “This judge in Southern Virginia ordering results to not be certified. The judge called the ballot language ‘flagrantly misleading.’ What’s your reaction?” he asked.
Cuccinelli agreed with that characterization. “Well, it certainly was flagrantly misleading, but my basic reaction is that I appreciate lower court wins, but the Virginia Supreme Court is going to decide this,” he said. He pointed to long-standing legal precedent in the state. “Over a hundred years of Virginia legal precedent says that the vote in a referendum is part of the legislative process. It’s analogous to a governor signing a bill,” he said.
Cuccinelli said the timing of the legal challenge aligns with that precedent. “You don’t sue on a bill that hasn’t passed yet. So what they’ve done here in terms of timing is very much in keeping with the Virginia legal history,” he said. He argued the process used to pass the referendum may not meet constitutional standards. “What isn’t in keeping with Virginia legal history is how this general assembly has so blatantly ignored the requirements of the constitution to amend the [state] constitution,” he said.
Cuccinelli said he expects the issue to be resolved soon. “So I think it’s highly likely that this will be overturned probably in May,” he said. The discussion also turned to the role of campaign spending in the referendum. Cuccinelli said money may have influenced the vote, but would not determine the outcome of the legal challenges. “It’s hard to say that money didn’t make that difference, but now they have to win four constitutional challenges, state constitutional to clarify, challenges, and they have to win all four of them to hold on to this referendum,” he said.
He expressed skepticism that supporters of the measure could succeed in court. “I just don’t think they can do it. There’s some very basic processes in the Constitution for amending the Constitution that they ignored,” he said. Cuccinelli also addressed arguments about respecting the outcome of the vote. “And now they’re gonna say, just like Terry did, well, you know, three million people voted, and you can’t ignore the will of the people,” he said.
He countered that point by focusing on the process. “Well, they were ignoring the will of the people and how they brought this forward. And now we’re gonna have it decided by the Virginia Supreme Court,” he said. Cuccinelli suggested the ruling could be decisive. “I wouldn’t be surprised to see a seven-zero ruling throwing this out,” he said.
The legal battle comes as redistricting disputes continue to play out across the country. Courts have increasingly become the deciding factor in determining whether new congressional maps can be implemented. The outcome in Virginia could have significant implications for control of the U.S. House. With the midterm elections approaching, the timeline for a final decision may shape the political landscape in the state. Legal experts note that Virginia’s constitution imposes strict requirements on amendments, including specific procedural steps that must be followed by the General Assembly before a referendum can be considered valid.
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Analysts suggest the case highlights broader tensions over mid-decade redistricting efforts in multiple states. Similar challenges have arisen in other jurisdictions where ballot measures or legislative actions have sought to alter congressional boundaries outside the traditional decennial census cycle. The Virginia Supreme Court’s anticipated ruling could set a precedent influencing how states handle future attempts to redraw maps for partisan advantage. Both parties have engaged in aggressive redistricting strategies in recent cycles, leading to ongoing litigation and public debate over fair representation and electoral integrity.
The lower court’s decision to block certification has already delayed implementation of the new map. If the state Supreme Court upholds the lower court’s findings, the existing congressional districts would remain in place for the upcoming midterm elections. This would preserve the current 6-5 Republican advantage in Virginia’s delegation rather than shifting it toward a 10-1 Democratic edge as proposed under the referendum. Observers from both sides of the aisle are closely monitoring the case as it moves toward a final resolution in the coming weeks.
