Virginia Democrats Fail to Act Against GOP-Captured Court Overturning Voter-Approved Maps

Last week, I wrote about how the far right’s capture of governing institutions like the Supreme Court has put Democrats in a bind, forcing them to make difficult choices. Indeed, the decision before Democrats echoes one of the most famous dilemmas in English literature: whether ’tis nobler in the mind to suffer the slings and arrows of outrageous fortune, or to take up arms against a sea of troubles—and by opposing, end them.

In a troubling sign for Democrats, Virginia Governor Abigail Spanberger has chosen the former.

Virginia Supreme Court Overturns Voter-Approved Maps

At issue is the Virginia state Supreme Court’s decision to throw out the amended congressional district maps that voters just approved—in a referendum that cost the Democrats some $70 million, as they painstakingly played by all the rules to get it over the line.

In the immediate aftermath of the ruling, Spanberger offered a limp proclamation, saying that she was “disappointed” by it but that her “focus as Governor will be on ensuring that all voters have the information necessary to make their voices heard this November.”

Legal Solution Exists—But Democrats Reject It

It turns out that Spanberger was missing some vital information of her own: a lawful solution that could save the day and uphold the will of Virginia voters. As Quinn Yeargain at The Downballot reported, the state constitution includes a provision that allows lawmakers to change the mandatory retirement age of state Supreme Court justices.

The idea Yeargain poses would be to lower the official retirement age to 54 by placing a modification in the annual budget bill that’s due by June 30, pass the legislation, and replace the hack justices—all of whom are older than 54—with seven new ones picked by Spanberger.

“Democrats might prefer other solutions,” Yeargain concluded, “but if they want to see the will of the voters respected in time for the November elections, there are virtually no other options—and none with as good a chance of success as this one.”

Spanberger isn’t going for it.

Democrats Cite Logistical Hurdles—While GOP Ignores Deadlines

In fairness, as Greg Sargent reported this week, Virginia Democrats like Senate Majority Leader Scott Surovell have cited some logistical impediments to the plan, namely a May 12 deadline to finalize the maps in time for early voting.

Yet, wherever the GOP holds the whip hand in the redistricting wars, they are sallying forth without either seeking the assent of voters or showing much concern for procedural deadlines—in some cases, like Louisiana, Republicans are changing the maps right in the middle of ongoing elections.

“Wiping out the entire Supreme Court is an incredibly extreme step to take over a decision you don’t like.”

This is a hard thing to hear when Republicans are engineering—at warp speed—the wholesale extermination of Black political power in the South. It’s unsustainable for our democracy to have one party that’s terrified of hypothetical blowback they might receive for violating a norm and one party vandalizing the Constitution with freedom and glee, knowing their political opponents will never force them to