State of Virginia

Virginia Congressional Redistricting Challenge (McDougle)

McDougle et al v. Nardo et al

An anti-voting lawsuit challenging the Virginia legislature’s special session to counteract GOP nationwide redistricting efforts.

Background

Republican state lawmakers, and one citizen member, on the Virginia Redistricting Commission filed a lawsuit in state court challenging the legislature’s special session called to amend the state’s constitution to begin redistricting. Plaintiffs assert only the governor, not the speaker of the house, may convene or expand the scope of a special session. The lawsuit argues the legislature violated the state’s constitution, and seeks to block introduction of the amendment.

Why It Matters

Virginia is the second state, after California, to potentially net seats for Democrats in the nationwide redistricting war sparked by President Donald Trump’s intent to secure maximum GOP advantage in the 2026 midterm elections. Redistricting in the state could result in two to three additional seats for Democrats, counteracting new GOP seats created in Texas, Missouri, and North Carolina.

Latest Updates

  • Nov. 4, 2025: Plaintiffs withdrew their motion for a preliminary injunction.
  • Nov. 4, 2025: Proposed intervenor-defendants filed their opposition to plaintiffs’ motion for a preliminary injunction.
  • Nov. 3, 2025: Proposed intervenor-defendants move to transfer venue to the Circuit Court for the City of Richmond, where the legislature conducts its official business.
  • Oct. 29, 2025: The House passed the proposed constitutional amendment. Earlier in the day, the court denied plaintiffs’ motion for a temporary restraining order to block the legislation from proceeding. The Speaker of the House and President Pro Tempore have sought intervention as defendants in the lawsuit.
  • Oct. 28, 2025: Plaintiffs’ filed their complaint and motion for a temporary restraining order.

Case Documents