Cuccinelli Predicts Unanimous Supreme Court Strike-Down of Radical Virginia Gerrymander

In a major blow to the Democratic establishment’s attempt to tilt the scales of power in Richmond, former Virginia Attorney General Ken Cuccinelli is predicting a decisive judicial end to the state’s controversial new congressional map. As legal challenges mount against the partisan referendum, Cuccinelli signaled that the Commonwealth’s highest court is likely to dismantle the measure, which many critics have labeled a blatant power grab.

The legal firestorm intensified this week after a Tazewell County judge took the bold step of blocking the certification of the referendum results. The court’s intervention follows growing outrage over what has been described as a deceptive process designed to bypass constitutional safeguards and entrench a 10-1 Democrat advantage in Virginia’s congressional delegation.

Appearing on CNN with Jake Tapper, Cuccinelli—who now chairs the Election Transparency Initiative—slammed the procedural maneuvers used by the General Assembly. Tapper noted that the lower court judge had characterized the ballot language as "flagrantly misleading."

Cuccinelli did not mince words in his agreement. “Well, it certainly was flagrantly misleading, but my basic reaction is that I appreciate lower court wins, but the Virginia Supreme Court is going to decide this,” he said.

A Century of Precedent Ignored

Central to the legal dispute is whether the Democratic-controlled legislature followed the strict constitutional requirements for amending the state's founding document. Cuccinelli argued that the Left’s rush to implement these maps ignored over a century of established law.

“Over a hundred years of Virginia legal precedent says that the vote in a referendum is part of the legislative process. It’s analogous to a governor signing a bill,” Cuccinelli explained, defending the timing of the GOP’s legal intervention. “You don’t sue on a bill that hasn’t passed yet. So what they’ve done here in terms of timing is very much in keeping with the Virginia legal history.”

The former Attorney General highlighted a stark contrast between historical norms and the current assembly's tactics. “What isn’t in keeping with Virginia legal history is how this general assembly has so blatantly ignored the requirements of the constitution to amend the [state] constitution,” he said.

Protecting the Rule of Law

While proponents of the new map—which would effectively disenfranchise conservative voters across the Commonwealth—argue that the narrow margin of victory in the referendum should be respected, Cuccinelli maintained that a popular vote cannot validate an unconstitutional process.

“And now they’re gonna say, just like Terry did, well, you know, three million people voted, and you can’t ignore the will of the people,” Cuccinelli remarked, referencing former Governor Terry McAuliffe’s familiar talking points.

He countered that the true "will of the people" is protected by the Constitution itself, which the legislature chose to bypass. “Well, they were ignoring the will of the people and how they brought this forward. And now we’re gonna have it decided by the Virginia Supreme Court,” he said.

The Road Ahead

With the 2026 midterm elections looming and President Trump continuing to advocate for election integrity from the White House, the stakes in Virginia could not be higher. If the map stands, Republicans could lose nearly half their current seats in the state. However, Cuccinelli remains confident that the law will prevail.

“It’s hard to say that money didn’t make that difference, but now they have to win four constitutional challenges, state constitutional to clarify, challenges, and they have to win all four of them to hold on to this referendum,” he noted regarding the massive outside spending that fueled the "Yes" campaign.

Ultimately, Cuccinelli believes the procedural failures are too significant for the court to ignore. “I just don’t think they can do it. There’s some very basic processes in the Constitution for amending the Constitution that they ignored,” he said, adding that he expects a final resolution by May.

“I wouldn’t be surprised to see a seven-zero ruling throwing this out,” he concluded.