Recently, Democrats have faced a string of setbacks. In an effort to shift the balance of power, they are contemplating a significant overhaul of the Virginia Supreme Court, potentially replacing current members with more agreeable youth.
Background
After a hefty $60 million advertising push led by notable figures like Barack Obama and Gov. Abigail Spanberger, Virginia voters approved a constitutional amendment last month. This amendment empowers the General Assembly to create new gerrymandered district maps.
The proposed changes would alter the current division, where Democrats hold six districts and Republicans five, ensuring Democrats gain 10 out of 11 seats in the upcoming midterm elections.
However, the Virginia Supreme Court made it clear that it might eventually have to evaluate the amendment’s legality, as previous decisions by lower courts deemed it invalid. This led to a 4-3 ruling where the court deemed the amendment unconstitutional, stating that its legislative voting process violated the Virginia Constitution.
The court’s ruling reinstates the 2021 Congressional map, retaining the current split of six districts for Democrats and five for Republicans for the upcoming elections.
Democratic Response
In response to the court’s ruling, Democratic leaders expressed outrage, accusing the Supreme Court of thwarting their plans. House Minority Leader Hakeem Jeffries emphasized that overturning the election outcome is unprecedented and unacceptable. He stated that Democrats are exploring all avenues to contest this surprising decision.
Virginia Representative Jennifer McClellan echoed this sentiment, asserting that they will fight back, whether through the courts, Congress, or at the polls. Others are even considering the U.S. Supreme Court for a possible appeal, aiming to revive the initially proposed gerrymandered maps.
A Bold Strategy
During a private conference call among Democratic lawmakers, they discussed potential strategies, including ousting the current Virginia Supreme Court justices to replace them with judges likely to support favorable maps. Some members are thinking about lowering the retirement age for justices, facilitating the turnover necessary to achieve their goal.
The current retirement age of 73 could be lowered significantly, allowing for a quicker judicial reshuffle. This would enable the appointment of judges who might align more closely with the party’s interests than with constitutional mandates.
A plan was purportedly laid out during the call that involves several steps, including leveraging past court decisions to challenge existing institutional barriers to their gerrymandering objectives.
- Democrats could cite a ruling from earlier this year, which invalidated changes to the Virginia Constitution due to improper notice requirements, suggesting they might exploit similar arguments to disrupt the current independent redistricting commission.
- Moreover, there are discussions about enforcing a change in the retirement policy to allow for immediate appointments of Democratic-aligned judges, sidelining long-standing principles of judicial integrity.
While some Democratic leaders are looking for ways to expedite these changes, others, like Virginia Senate Majority Leader Scott Surovell, remained tight-lipped about the discussions.
In contrast, Republican leaders condemned the Democrats’ plans, labeling them as a blatant attack on democracy. They expressed that undermining the Supreme Court’s authority for political gain is a step too far.
Political analyst Jonathan Turley remarked that this strategy reveals a troubling shift in the party’s tactics, indicating a willingness to sacrifice principles for power.
