Dem who helped push Virginia redistricting effort appointed judge who torpedoed it

Ironically, a prominent Virginia Democrat’s support for his state’s redistricting referendum backfired after a judge he previously appointed helped torpedo his party’s attempt to redraw the state’s congressional districts.

Sen. Mark Warner, Democrat of Virginia, who endorsed the referendum and participated in pro-referendum events, gave $100,000 to the campaign behind Virginia Democrats’ redistricting effort, which voters approved in April. On Friday, a judge appointed by Warner when he was governor in 2002, D. Arthur Kelsey, was among four judges who voted to overturn the referendum on constitutional grounds. In fact, Justice Kelsey authored the prevailing 4-3 opinion.

The voter-approved ballot measure was poised to give Democrats a major advantage heading into the November midterm elections, and they vastly outspent Republicans in their attempt to pass it. However, Kelsey wrote in the prevailing opinion that the order in which Democrats held the referendum vote violated the state Constitution, which requires an interim election between the state legislature’s mandatory first and second passage of the proposed constitutional amendment.

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Sen. Mark Warner, D-Va., arrives at the Capitol Visitor Center for a briefing on Iran Tuesday, Feb. 24, 2026. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Warner, who served as governor of Virginia from 2002 to 2006, previously appointed Kelsey, then a Circuit Court judge, to the Virginia Court of Appeals. Kelsey served two terms before a Republican state legislature elevated him to the state Supreme 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 demonstrating “sharp intellect, a strong work ethic and a commitment to equal justice,” according to a Virginia Lawyers Weekly report at the time.

“Although I did not meet with Judge Kelsey before this process began, I spoke with him at length, considered his many opinions, and consulted with those who know him well,” Warner added in 2002.

Following the Virginia Supreme Court’s decision, Warner issued a statement in a press release saying he respected the decision, but added that “it is impossible to ignore that more than three million Virginians have already voted for the amendment and deserve to have their voices heard.”

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Fox News Digital reached out to Warner to ask if he felt the decision was fair, but a spokesperson for the senator only referred Fox News Digital to the press release with his public statement.

Justice D. Arthur Kelsey speaks during the inauguration ceremony for Chief Justice Cleo E. Powell, the first African-American female chief justice of the Supreme Court of Virginia, inside the Virginia Supreme Court Chambers, March 2, 2026, in Richmond, Virginia. (Mike Kropf-Pool/Getty Images)

“Donald Trump thought he could tip the scales and secure a political advantage before a single vote was cast. But Virginians are paying attention,” Warner also said in his public statement. “They want leaders who will protect their rights, defend their freedoms and really focus on cutting costs and getting things done. Democrats will still be here in November, we will still be competing everywhere, and when the votes are counted, Virginians will send a strong message about the type of leadership they want.”

The prevailing opinion written by Kelsey said the Democrats’ proposed map would have replaced Virginia’s current 6-5 congressional split “with a highly partisan, hand-picked map” intended to create a 10-1 advantage for a single party.

Kelsey went on to point out that under the Democrats’ proposed new map, about 47 percent of Virginians who voted for one political party in the last congressional election would end up being represented by just 9 percent of Virginia’s delegation in the U.S. House of Representatives, while 51 percent of Virginians who voted for the other major political party would be represented by 91 percent of Virginia’s congressional delegation.

Signs urged early voters to vote yes or no in Virginia’s redistricting referendum at the Ellen M. Bozman Government Center in Arlington, Va., Tuesday, March 31, 2026. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

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Virginia Gov. Abigail Spanberger said Friday she was “disappointed” by the Supreme Court’s decision and, along with other Democrats, criticized the state’s high court for invalidating the will of voters.

“More than three million Virginians voted in Virginia’s redistricting referendum, and the majority of Virginia voters voted to reject a president who said he was ‘entitled’ to more Republican seats in Congress through a temporary, reactive referendum. They made their voices heard,” Spanberger said after the decision.

“I am disappointed by the Virginia Supreme Court’s decision, but my priority as governor will be to ensure that all voters have the information they need to make their voices heard in November’s midterm elections, because in these elections, we – the voters – will have the final say.”