From We Are Americans News Desk
Richmond, Va. – November 2, 2025
A Virginia circuit court has issued a ruling that effectively derails a controversial Democratic-led effort to amend the state’s constitution for congressional redistricting, just days before the November 4 statewide elections. The decision, stemming from a lawsuit filed by three circuit court clerks, declares that the General Assembly’s recent actions violate state law and the constitution, placing the clerks in an “impossible position” by forcing them to either break the law or ignore their duties.
The ruling comes in the case of Jett v. Nardo, filed on October 31 in Richmond Circuit Court by plaintiffs Christalyn M. Jett (Clerk of Spotsylvania County Circuit Court), Gordon F. Erby (Clerk of Lunenburg County Circuit Court), and Heidi S. Barshinger (Clerk of Henrico County Circuit Court). The clerks sued House Clerk G. Paul Nardo, Senate Clerk Susan Clarke Schaar, House Speaker Don Scott, and Lt. Gov. Winsome Earle-Sears, arguing that a proposed constitutional amendment passed during a surprise special session last week exceeds the session’s authority and skips required procedural steps.
At the heart of the dispute is House Joint Resolution 6007 (HJR 6007), approved by the Democrat-controlled House on October 29 and the Senate on October 31. The resolution seeks to amend Article II, Section 6-A of the Virginia Constitution, which was established by a 2020 voter-approved referendum shifting redistricting power from the legislature to an independent bipartisan commission. Democrats argued the change is necessary to counter potential Republican gerrymandering in other states ahead of the 2026 midterms, potentially allowing Virginia lawmakers to redraw the state’s 11 congressional districts to gain Democratic seats.
Republicans and the plaintiffs countered that the special session, originally called by Gov. Glenn Youngkin in April 2024 for budget matters, had long expired and could not be revived for unrelated purposes without gubernatorial approval or a two-thirds vote in both chambers.
democracydocket.com Even if valid, they said, the amendment process under Article XII requires proposals to be referred to the next regular session after an “intervening” general election for House of Delegates members, with circuit court clerks required to post the text on courthouse doors at least 90 days prior under Virginia Code § 30-13.The clerks contended that treating the November 4, 2025, election as that intervening vote is impossible: Early voting began weeks ago, with over a million ballots already cast—about one-third of the expected total. Posting the amendment now, just four days before Election Day, would violate the 90-day rule, while refusing to post it would also breach their statutory duties.
democracydocket.com In paragraphs 41-44 of the court’s order, Judge [Name not specified in available documents] described the defendants’ plan as “improper and unlawful,” noting that Scott, Nardo, and Schaar had absented themselves from court proceedings and intended to advance the proposal despite Virginia Attorney General Jason Miyares’ October 28 opinion stating the 2025 election does not qualify.
democracydocket.com”The November 4, 2025 Election Day cannot be deemed to satisfy the constitutional requirement for an intervening election,” the order states. “Too many Virginians have already voted in the 2025 general election for the posting requirement to be met.” It further warns that forcing compliance would place all circuit court clerks in violation of their oaths, with no viable alternatives available.The decision grants the clerks’ request for a temporary restraining order and preliminary injunction, barring the legislative clerks from entering the proposal in journals, referring it to the January 2026 session, or publishing it to circuit courts. Speaker Scott and Lt. Gov. Earle-Sears are also enjoined from enrolling, signing, or advancing the measure. Earle-Sears, a Republican running for governor, was named as a defendant in her official Senate capacity but has publicly opposed the Democratic push.The ruling has sparked immediate backlash from Democrats, who view it as an obstacle to protecting Virginia’s congressional delegation—currently a 6-5 Democratic edge—from out-of-state influences. House Speaker Scott, who convened the special session on October 27, called it a “technicality” in a statement Friday, vowing to appeal and emphasizing that “voters will have the final say” through a future referendum.
Gubernatorial candidate Abigail Spanberger, a Democratic congresswoman who received $150,000 from the National Democratic Redistricting Committee shortly before the session, defended the effort as essential to “preserve fairness” amid Republican map-drawing in states like North Carolina and Texas.
Republicans hailed the decision as a victory for constitutional integrity. Lt. Gov. Earle-Sears accused Spanberger of “selling out Virginia” by backing the plan after the donation, while GOP lawmakers like Del. Tom Garrett praised the clerks as heroes defending “We the People.”
Youngkin issued a statement Friday condemning HJR 6007 as an “eleventh-hour push to undermine” the 2020 anti-gerrymandering reforms, which passed with 66% voter support.
The case adds to a flurry of legal challenges surrounding the special session. Earlier this week, a Tazewell County judge rejected a Republican request for an emergency injunction to halt the entire proceeding, but that suit focused on session authority rather than the amendment’s timing.
With early voting underway and polls showing tight races for governor (Spanberger leading Earle-Sears 55-43%), attorney general (Jason Miyares leading Jay Jones 49-46%), and lieutenant governor, the redistricting fight has become a flashpoint in Virginia’s 2025 elections.
Experts predict appeals could reach the Virginia Supreme Court quickly, potentially reshaping the congressional map timeline for 2026. For now, the ruling preserves the status quo, ensuring the independent redistricting commission’s role remains intact absent further court action.
🇺🇸Two short weeks ago, who would have guessed that Don Scott, Abigail Spanberger and Jay Jones would defy the will of 66 percent of Virginia voters to steal Congressional seats?
— Michelle Maxwell ™ (@MichelleMaxwell) November 1, 2025
Who would have guessed that they would try to pass a law that forces Clerks of the Court to BREAK the… pic.twitter.com/i2zUYO6P6X
