Following the single-digit win for the redistricting amendment on April 21st, the latest in a series of battles to implement a 10-1 map in favor of the Democrats ahead of the federal midterm elections is now back in the courtroom. The certification of the election was barred by a judge in Tazewell County last Wednesday, halting the implementation of the new maps.

With the amendment being the subject of multiple lawsuits, the Virginia Supreme Court will most likely opt to address all issues in one opinion, says U.S. District Attorney John Fishwick, per WSET. The lawsuits include, but are not limited to, Koski v. RNC, McGuire v. State Boards of Election, and the case which is currently before the Supreme Court of Virginia, Scott v. McDougle. 

On Monday, the seven justices which constitute the Supreme Court of Virginia heard oral arguments both for and against the ratification of the amendment. The issue at hand is both procedural and rhetorical; procedural in that there is a question of whether or not all of the rules in the Constitution of Virginia applied in attempting to put the amendment on the ballot, and rhetorical in that the language on the ballot invoked “fairness” in reference to an amendment that GOP legislators argue was anything but. 

On Tuesday, Attorney General Jay Jones’ request to lift the block on certifying the election was denied by the Court. According to reporting from Virginia Scope, House Bill 1384 from the 2026 session called for a two week clock in which Virginia’s State Board of Elections would have to certify the results in order for the amendment to go into effect. Additionally, the State Board of Elections was supposed to meet on Friday May 1st to certify the election. 

However, with the case ongoing, the fate of the amendment is still undetermined until the Court issues an opinion addressing both the wording of the ballot and the constitutionality of the lengths to which legislators went to pass it. No certification will take place until the Court issues a favorable opinion, and even then, there very well may be more lawsuits in the future. 

If the Court issues an opinion against the amendment, then the election results will not be certified and no changes to the maps will be made until the scheduled 2030 census or new legislation is proposed, whichever comes first.