Just one day after the Supreme Court of Virginia (SCOVA) heard oral arguments about the legality of the legislative process used by Democrat lawmakers to get last week's redistricting/gerrymandering referendum in front of voters, the court on Tuesday shut down efforts by Attorney General Jay Jones to certify the results of that referendum.
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At the heart of Tuesday's order was the RNC v. Koski case, which RedState's Jennifer Oliver O'Connell reported on last week.
On Wednesday afternoon, Tazewell Circuit Court Judge Jack Hurley Jr. ruled that Tuesday's referendum is unconstitutional and issued an injunction preventing the certification of the election maps. Judge Hurley has also denied any motion to stay his ruling pending appeal.
Jones filed an emergency motion for a stay of Hurley's ruling, which SCOVA has now denied. This means that, at least for now, last week's "yes" vote on the referendum – which empowered state lawmakers to redraw congressional boundaries – will not be certified. Republican Del. Wren Williams, who represents a conservative part of Virginia, explained what SCOVA just did and added some context on what it means.
🚨 BREAKING: The Supreme Court of Virginia has denied the Attorney General’s Motion for Emergency Stay in RNC v. Koski - the one where he didn’t quote the ballot language.
— Wren Williams (@WrenWilliamsVA) April 28, 2026
One sentence. No dissent. No partial relief.
“Upon consideration whereof, the Court denies the motion.”… pic.twitter.com/lr2gPAosZO
BREAKING: The Supreme Court of Virginia has denied the Attorney General’s Motion for Emergency Stay in RNC v. Koski - the one where he didn’t quote the ballot language.
One sentence. No dissent. No partial relief.
“Upon consideration whereof, the Court denies the motion.”
What this means in plain terms:
Jay Jones’ outside counsel from California asked the Court to allow the election process to proceed pending the rulings on the merits of the gerrymandering cases.
The Court said “no.” This stops the election from being certified for now.
The same Supreme Court that allowed the referendum to go forward in March, so voters could be heard, has now declined to override a final judgment finding the constitutional amendment process defective. Strong signal that process matters in Virginia.
The Attorney General asked the Court of Virginia to set aside a final order that exposed a ballot question he would not quote, an Article XII timeline he had to redefine, and a 1912 case that did not say what he needed it to say.
The Supreme Court said “no.”
The merits appeal continues. I will keep you posted as this develops.
— Del. Wren Williams, 47th District
Williams followed that up with another tweet, saying SCOVA's Tuesday denial was "crushing" for Democrats and noting that last week's special election was essentially now "stopped dead in its tracks."
Basically, Jones asked SCOVA to allow the election process to go forward while we litigate. He asked to lift the 4/22 Tazewell injunction, attached.
This is the crushing Order that barred certification of the election, and declared it unconstitutional from the start, even found ballot language shameful.
Today though, SCOVA simply denied the Jones’ motion, and the underlying 4/22 Tazewell injunction barring the certification of the election stands and remains in full effect.
Now Dems are left with their appeal to SCOVA, and a special election that’s stopped dead in its tracks.
What this might mean for the future SCOVA decision on the legality of the referendum process remains to be seen, but former Virginia AG Ken Cuccinelli thinks it's good news for the anti-gerrymandering crowd.
Major Virginia Redistricting Case update:
— Ken Cuccinelli II (@KenCuccinelli) April 28, 2026
The Virginia Supreme Court (#SCOVA) has DENIED the emergency request to stay the injunction of certification of last week's Gerrymandering referendum!
In the 'tea leaves' category, this is as positive a 'tea leaf' as one might imagine!… pic.twitter.com/fw0wedtbEu
This is a developing story. RedState will provide updates as they warrant.
Editor’s Note: The 2026 Midterms will determine the fate of President Trump’s America First agenda. Republicans must maintain control of both chambers of Congress.
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