With the passage of the Virginia map, Democrats had mostly succeeded in reaching a draw with Republicans in the redistricting wars. But with the Virginia map overturned and Southern states—including Tennessee, Louisiana, Alabama, and South Carolina—rushing to pass new maps before the midterms, Democrats could face a four to five-seat disadvantage heading into November, according to Amy Walter of the Cook Political Report. While that is not insurmountable in a wave election—and Democrats could still pick up two seats in Virginia under the existing map—it gives Democrats little margin for error in the effort to take back the House.

In the 4-3 decision, the Virginia Supreme Court ruled that the April referendum violated the state Constitution because amendments must be passed twice by the legislature, with an election in between. The first time they passed it was after early voting started, so it doesn’t count. “This constitutional violation incurably taints the resulting referendum vote,” the court wrote, “and nullifies its legal efficacy.”

The decision effectively tosses out three million votes cast in the referendum on a legal technicality. It’s worth noting that voters in red states have not been able to weigh in on any of the mid-decade gerrymanders passed by their legislatures. And while those states have different laws than Virginia, voters in Florida and Ohio did pass prohibitions on gerrymandering that their legislatures flagrantly ignored—but conservative-dominated state supreme courts in those states are unlikely to void the new maps.