Virginia Redistricting Referendum Faces Setback
A notable Democrat in Virginia found himself in an ironic twist of fate. His backing of the state’s redistricting referendum, ironically, led to a ruling that significantly undermined the Democratic Party’s strategy for redistricting the House of Representatives.
Senator Mark Warner, who had actively supported the referendum and participated in events advocating for it, donated $100,000 to a campaign endorsing the Virginia Democratic Party’s efforts. Voters had approved this referendum back in April. Yet, on Friday, Judge D. Arthur Kelsey—whom Warner appointed during his governorship in 2002—was one of the four justices who ruled against the referendum, citing constitutional violations. Kelsey even penned a 4-3 opinion on the matter.
The referendum, which was supposed to boost Democratic chances ahead of the midterms, created a sense of urgency as Democrats had previously made significant gains in advancing it. However, Kelsey remarked that the sequence in which the referendum was conducted infringed on state constitutional requirements, which mandate a particular order for elections involving constitutional amendments.
Warner, who was governor from 2002 to 2006, had praised Kelsey before when he appointed him to the Virginia Court of Appeals, calling him a judge with a “sharp intellect” and a commitment to justice. In the wake of Kelsey’s ruling, Warner expressed his respect for the court’s decision but emphasized that over three million Virginians had voted in favor of the amendment and deserved their voices to be acknowledged.
When asked if he found the ruling just, a spokesperson for Warner directed inquiries to his earlier public statement.
In his general remarks, Kelsey pointed out that the Democrats’ proposed map would inflate their representation from a potential 6-5 split to an anticipated 10-1 favoring their party. He highlighted that nearly half of Virginia’s voters would find themselves represented by a mere 9% of the House, while the other major party would dominate with 91% representation.
Virginia’s Governor Abigail Spanberger expressed her disappointment in the Supreme Court’s judgment and accused the court of overruling voters’ wishes. She reiterated that the over three million Virginians who participated in the referendum were sending a clear message to refute claims of entitlement to increase Republican seats.
Despite her discontent with the court’s decision, Spanberger is determined to ensure that voters have the resources they need for the upcoming midterms, believing that ultimately, voters hold the power in these elections.
