Virginia Dems discussed court overhaul after redistricting ruling
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The Virginia Supreme Court in Richmond. Photo: Sabrina Moreno/Axios
Democrats spent the weekend scrambling after the Virginia Supreme Court struck down the voter-approved redistricting plan, killing a congressional map that could have favored Democrats in 10 of the state's 11 districts.
Why it matters: State Democrats responded Monday with an emergency request to the U.S. Supreme Court to pause the ruling, while some in the national party floated more aggressive options — including forcing the entire Virginia high court into retirement.
The big picture: Virginia Democrats' official way of fighting back is to argue that the state justices misread federal election law and Virginia's constitution.
- Behind the scenes, some Democrats considered going further after a Friday article by The Downballot, a progressive outlet, proposed lowering the retirement age for Virginia judges from 73 to 54 and installing new justices to rehear the case.
- The idea was reportedly discussed Saturday on a private call involving Virginia's congressional Democrats and U.S. House Minority Leader Hakeem Jeffries, according to the New York Times.
Another idea suggested on the call: Invalidating the 2020 constitutional amendment creating Virginia's independent redistricting commission by arguing that required public notices weren't properly posted at courthouses, the NYT reports.
- The reason: to return map-drawing power to the General Assembly.
Reality check: Virginia House Majority Leader Scott Surovell told Virginia Scope on Monday that the "drastic measures" aren't going anywhere.
- And Virginia Elections Commissioner Steven Koski warned in a previous court filing that changes made after Tuesday, May 12, would throw the state's Aug. 4 primary into chaos, risking ballot errors, voter confusion and election delays.
Go deeper: Virginia Supreme Court throws out redistricting referendum results
Editor's note: This story has been updated with Virginia Democrats' emergency request to the U.S. Supreme Court.