Scott v McDougal this morning, I will try to hear the arguments on the sc website but it is designed not to be easy. It looks like a procedural issue. From a search ""
Seven Virginia Supreme Court justices walk into a courtroom tomorrow morning holding 3.1 million ballots, 64 million dollars in campaign spending, and control of the U.S. House in their hands.
The case is Scott v. McDougle.
Briefs were due Wednesday.
Oral arguments at 9 AM Monday, April 27.
Source: Virginia Supreme Court docket. Roll Call, April 23, 2026.
Read that again.
The Constitution either binds the people who wrote it or it doesn’t. Tomorrow Virginia finds out which one.
Here is what is actually being argued.
The plaintiffs are Senate Minority Leader Ryan McDougle, Sen. Bill Stanley, Del. Terry Kilgore, and Commissioner Virginia Trost-Thornton. Their argument is narrow and surgical: only the Governor of Virginia can call a special session of the General Assembly, and that session must be limited to the topics originally set. Source: Virginia Mercury, April 23, 2026.
Their challenge focuses on a letter from House Speaker Don Scott that reconvened a previously called session to take up redistricting. McDougle and the other plaintiffs say Speaker Scott had no constitutional authority to do that.
This is a separation-of-powers case. Not a partisan complaint. The question is whether one branch of state government can bypass the other two when it wants to.
The defendant is Speaker Scott. The case is named Scott v. McDougle on appeal because Scott is the appellant.
There is a separate case running in parallel that you also need to know about.
In RNC v. Koski, Judge Jack C. Hurley Jr. of the Tazewell County Circuit Court ruled the April 21 referendum void from the start. He found that the General Assembly skipped the two-session-with-an-intervening-House-election requirement spelled out in the Virginia Constitution. He also found the ballot language flagrantly misleading. Final judgment was entered April 22.
Attorney General Jay Jones appealed Hurley’s ruling to the Virginia Court of Appeals, not the Supreme Court. Two different appeals tracks, two different questions, both alive at the same time.
Source: VPM News, Just The News, Virginia Mercury, Roll Call.
Now back to tomorrow.
Here is what almost nobody is telling you.
The Virginia Supreme Court already saw an early version of this fight. In February, the Tazewell judge sided with the Republican plaintiffs and tried to block the April 21 vote. The Virginia Supreme Court stayed that ruling and let the referendum proceed, on the condition the case would return for full argument on the merits.
That return is tomorrow Monday April 27.
The justices basically told both sides: we will let the people vote, then we will decide whether the process that put the question on the ballot was lawful in the first place.
Now the people have voted. Monday they decide.
Three rulings. Three warnings. Three chances for Richmond to follow the Constitution.
January. The Tazewell court blocked an earlier version of the amendment. Source: Virginia Mercury.
February. The Virginia Supreme Court stayed that ruling and let April 21 proceed.
April 22. Hurley ruled the entire amendment void from the start in RNC v. Koski.
Three court rulings. Three constitutional findings. Three chances for Speaker Scott and AG Jones to back off.
They didn’t.
This matters far beyond Virginia.
If the Virginia Supreme Court overturns the Tazewell judges and lets a process stand that bypassed the Constitution, every legislature in the country gets a blueprint. Write a bad amendment. Skip a constitutional step. Rush it to the ballot. Spend 64 million dollars on the campaign. Win by 2.8 points. Then ask the highest court to bless it because the votes were already cast.
In Roanoke, in Fairfax, in Fort Worth, in Phoenix, in Tampa, the principle is the same.
A bad process does not become legal because the campaign was expensive and the ballots were printed.
In 2020, 65.69 percent of Virginians voted to take map drawing OUT of politicians’ hands and put it in a citizen commission. The 2026 fight is whether politicians can claw that power back through a shortcut their own Constitution does not permit.
Three rulings already say no.
Monday is the fourth.
Governor Spanberger’s office: 804-786-2211.
Message: “Respect the Constitution. Drop the appeals. Let Hurley’s ruling and the Tazewell rulings stand.”
Share this post today. Not tomorrow. DM it to one Virginia voter who thinks courts don’t affect them, and one friend in another state who thinks this can’t happen where they live.
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The pattern is on the record.
Abigail Spanberger and Don Scott pushed an unconstitutional process across three court rulings, and Monday morning seven justices decide whether the Constitution still binds the people who wrote it.
Pinned comment has the case names, the docket number, and the timeline. Don’t trust me. Read it yourself.
This moves fast and the clock is already running.
Should the Virginia Supreme Court rule that one branch of state government can bypass the other two when it wants to — yes or no?