Virginia Democrat Pivotal in Both Advancing and Ultimately Defeating State’s Redistricting Effort

In a striking twist of political irony, Democratic Senator Mark Warner of Virginia found himself on the losing end of a state Supreme Court decision that invalidated a redistricting referendum he had actively supported and funded. The ruling came from Justice D. Arthur Kelsey, whom Warner himself had appointed to the bench during his tenure as governor.

The Virginia Supreme Court voted 4-3 on Friday to strike down the voter-approved redistricting measure on constitutional grounds. Justice Kelsey, who authored the prevailing opinion, had been appointed by Warner to the Virginia Court of Appeals in 2002 before later being elevated to the state’s highest court by a Republican-controlled legislature in 2015.

Warner had been a prominent backer of the redistricting effort, appearing at pro-referendum events and contributing $100,000 to the campaign. Democrats had significantly outspent Republicans to secure passage of the measure in April, which many political analysts believed would have given Democrats a substantial advantage in November’s midterm elections.

In his ruling, Justice Kelsey cited procedural flaws in how Democrats advanced the referendum, explaining that the sequence violated Virginia’s Constitution. The state requires an intervening election between the mandatory first and second passage of a proposed constitutional amendment by the legislature—a requirement that was not met in this case.

The opinion written by Kelsey was particularly critical of the partisan nature of the proposed redistricting map. He wrote that it would have replaced Virginia’s current 6-5 congressional split “with a highly partisan gerrymandered map” expected to create a 10-1 advantage for Democrats. Such a configuration, he noted, would result in about 47% of Virginians who voted Republican in the last congressional election being represented by just 9% of Virginia’s delegation to the U.S. House of Representatives.

When Warner appointed Kelsey to the bench over two decades ago, he praised the judge for showing “a keen intellect, a strong work ethic and a commitment to equal justice,” according to Virginia Lawyers Weekly. Warner had also noted at the time that while he hadn’t previously met Kelsey, he had “spoken to him at length, reviewed his numerous opinions and consulted with those who know him well.”

Following the ruling, Warner issued a measured statement saying he respected the decision while expressing concern that “it’s impossible to ignore that more than three million Virginians already cast their ballots on the amendment and deserved to have their voices heard.” When asked by reporters whether he felt the ruling was fair, Warner’s office referred to his public statement without further comment.

The senator also took aim at former President Donald Trump in his statement, claiming that Trump “assumed he could tilt the playing field and lock in political advantage before a single ballot was cast.” Warner expressed confidence that Democrats would remain competitive in the upcoming elections despite the setback.

Virginia Governor Abigail Spanberger joined other Democrats in expressing disappointment with the court’s decision. “More than three million Virginians cast their ballots in Virginia’s redistricting referendum, and the majority of Virginia voters voted to push back against a President who said he is ‘entitled’ to more Republican seats in Congress with a temporary and responsive referendum. They made their voices heard,” Spanberger said after the ruling.

The court’s decision preserves Virginia’s current congressional district map, which features a more competitive 6-5 split between the parties. The ruling represents a significant setback for Democrats, who had hoped the redistricting effort would strengthen their chances of maintaining control of the House of Representatives in this year’s midterm elections.