Virginia Democrats Propose Radical Plan to Override Supreme Court Ruling on Redistricting Maps

The Virginia Supreme Court last week invalidated new redistricting maps by a 4-3 vote. The Virginia Attorney General has announced plans to seek emergency relief from the U.S. Supreme Court based on the independent legislature theory. Legal expert Rick Hasen has argued this approach is unlikely to succeed under Moore v. Harper, as the case did not involve an alleged usurpation of legislative power. While the majority opinion appears persuasive and within judicial bounds, are there other options for Virginia Democrats?

Until recently, the answer seemed to be no. However, a radical proposal has emerged. The New York Times reports that Democrats in Richmond are considering lowering the mandatory retirement age for state Supreme Court justices from 75 to 54—the age of the youngest current justice—or even lower. This plan would require the support of Representative Jennifer Wexton, who would need to sign off on any legislation.

Wexton has not been briefed on the proposal, according to sources involved in the discussions. Her spokeswoman, Libby Wiet, declined to comment. The first step in the plan involves invoking a January ruling by a Tazewell County circuit court judge, which invalidated a 2026 constitutional amendment effort to redraw the maps due to insufficient public notice. Democrats aim to use this ruling to challenge the earlier constitutional amendment that created the state’s independent redistricting commission, arguing that courthouses failed to post notice of it before the general election.

If successful, this would restore the legislature’s authority to enact its own maps. To execute the plan, the Democratic-controlled General Assembly would lower the Supreme Court’s mandatory retirement age, allowing them to replace sitting justices with sympathetic appointees. The new court could then invalidate the independent redistricting commission due to the lack of notice and approve a new map before the August primary.

However, the plan has drawn sharp criticism, even from some Democrats. While at least one lawmaker, Representative Suhas Subramanyam of Loudoun County, has publicly supported the idea, others have condemned it as an overreach. Subramanyam stated in an interview that he supported taking necessary steps to preserve the maps approved by voters in last month’s referendum, including replacing state justices.