Ironically, a top Virginia Democrat’s support for a redistricting referendum in his state backfired when a judge he had previously appointed helped derail the party’s efforts to redraw the state’s congressional districts.
Sen. Mark Warner, D-Va., who supported the referendum and attended events supporting it, donated $100,000 to campaigns supporting the Virginia Democratic redistricting plan, which voters approved in April. On Friday, Judge D. Arthur Kelsey, whom Warner appointed when he was governor in 2002, was one of four justices to vote to kill the referendum on constitutional grounds. In fact, Judge Kelsey issued the 4-3 prevailing opinion.
The voter-approved ballot measure is expected to give Democrats a significant advantage in the November midterm elections, and they have spent far more than Republicans fighting to pass it. However, Kelsey wrote in the mainstream opinion that the order in which Democrats held the referendum violated the state’s constitution, which required intervening elections between the first and second times the state Legislature forced passage of the proposed constitutional amendment.
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Sen. Mark Warner, D-Va., arrives at the Capitol Visitor Center to receive a briefing on Iran on Tuesday, Feb. 24, 2026.
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Warner served as Virginia governor from 2002 to 2006 and previously appointed Kelsey, then a circuit court judge, to the Virginia Court of Appeals. Kelsey served two terms before being elevated by the Republican state Legislature to the state’s highest court, where Kelsey has served since 2015.
When Warner appointed Kelsey to the Virginia Court of Appeals in 2002, he praised the then-Suffolk circuit judge for displaying “a sharp intellect, a strong work ethic and a commitment to equal justice,” Virginia Lawyers Weekly reported at the time.
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Warner added in 2002: “While I have not met Judge Kelsey before this proceeding began, I have spoken with him at length, reviewed his numerous opinions, and consulted with those who are familiar with him.”
After the Virginia Supreme Court’s ruling, Warner issued a statement in a press release saying he respected the decision, but added, “It’s impossible to ignore that more than three million Virginians voted for the amendment and their voices deserve to be heard.”
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Fox News Digital reached out to Warner to ask if he thought the ruling was fair, but a spokesperson for the senator only referred Fox News Digital to the press release along with his public statement.
On March 2, 2026, in Richmond, Virginia, Justice D. Arthur Kelsey delivered a speech at the installation ceremony of Chief Justice Cleo E. Powell of the Supreme Court of Virginia. She is the first African-American female chief justice of the Supreme Court of Virginia.
“Donald Trump thinks he can tilt the playing field and lock in a political advantage before a single vote. But Virginians are paying attention,” Warner also said in a public statement. “They want leaders who protect their rights, defend their freedoms, and are truly focused on lowering costs and getting things done. Democrats will still show up this November, we will still compete everywhere, and when the votes are counted, Virginians will send a strong message about the kind of leadership they want.”
The mainstream opinion, written by Kelsey, said the map proposed by Democrats would replace Virginia’s current 6-5 congressional split “with a highly partisan map” expected to create a 10-1 advantage for a single party.
Kelsey went on to emphasize that under the new map proposed by Democrats, about 47 percent of Virginians who voted for one party in the last congressional election would end up representing only 9 percent of Virginia’s congressional delegation, while 51 percent of Virginians who voted for the other major party would end up representing 91 percent of Virginia’s congressional delegation.
A sign urges early voters to vote Yes or No during Virginia’s redistricting referendum at the Allen M. Bozeman Government Center on Tuesday, March 31, 2026, in Arlington, Virginia.
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Virginia Gov. Abigail Spanberger said Friday she was “disappointed” by the Supreme Court’s ruling and joined other Democrats in denouncing the state’s high court for invalidating the will of voters.
“More than three million Virginians voted in Virginia’s redistricting referendums, and a majority of Virginia voters voted against the president’s claim that he had the ‘right’ to gain more Republican seats in Congress through a temporary and responsive referendum. They made their voice heard,” Spanberger said after the ruling.
“I am disappointed by the Virginia Supreme Court’s ruling, but as governor, my focus will be on ensuring that all voters have the information necessary to make their voices heard in this November’s midterm elections, where we – the voters – will have the final say.”
Original source of the article: Virginia Democrats who helped lead the state’s redistricting efforts also participated in efforts to kill the state