Well, that didn’t take long.
Just one day after Virginia voters approved a Democrat-backed redistricting referendum, a circuit court judge stepped in and threw a serious wrench into the whole operation. Judge Jack Hurley ruled that every single vote cast—yes, all of them—was unconstitutional. That’s not exactly the victory lap Democrats were hoping for.
Hurley’s decision pointed to procedural failures in how the referendum was handled, specifically that it didn’t meet the legal requirements laid out for constitutional amendments. In other words, rules matter—something that tends to get overlooked when it’s inconvenient.
Republicans were quick to highlight the ruling as a major win. Former Virginia Attorney General Ken Cuccinelli didn’t waste any time, explaining that the court not only declared the referendum unconstitutional but also blocked certification of the election results. Even better (for those who like things done by the book), the judge denied any pause on the ruling while appeals are pending.
Of course, Democrats are already pushing back. Current Attorney General Jay Jones announced that his office will immediately appeal, arguing that a judge shouldn’t override “the will of the people.” That’s a bold argument—especially when the issue at hand is whether the process itself followed the law.
Cuccinelli also broke down one of the biggest problems: timing. According to Virginia’s constitutional process, an amendment must pass the General Assembly, then go through an intervening election before being passed again by a newly elected legislature. Sounds straightforward, right?
Not quite.
Democrats passed the amendment for the first time on Halloween, but early voting had already begun weeks earlier—meaning over a million people voted before the amendment even cleared its first step. And somehow, they expected that same election to count as the required “intervening” one. That’s going to be a tough sell in court.
And this isn’t the only legal challenge. There are multiple cases moving through the system, all questioning different aspects of the referendum. Cuccinelli expects things to move quickly, with a final decision possibly coming as soon as May.
So while Democrats were celebrating a supposed win at the ballot box, reality has a funny way of catching up. The courts are now stepping in to make sure the rules are followed—no shortcuts allowed.
In the end, this case is a reminder that the Constitution isn’t just a suggestion. And when it’s upheld, that’s a win not just for one party, but for the integrity of the entire system.