Virginia Democrats Consider Packing State Supreme Court After Redistricting Loss
Intra-Party Split Detected
Some Democrats oppose court-packing schemes and prefer accepting the ruling, while others support aggressive tactics to overturn the decision
Left says
- •Republicans have systematically gerrymandered congressional maps nationwide to maintain power despite losing the popular vote, making Democratic countermeasures necessary for fair representation
- •The Virginia Supreme Court's ruling relies on technicalities to overturn the will of voters who approved the redistricting amendment in a democratic referendum
- •Democrats must use constitutional hardball tactics like court reform since Republicans have already established precedents of packing courts and defying redistricting restrictions in states like Utah
- •The current maps unfairly favor Republicans and fail to reflect Virginia's actual voting patterns, where Democrats consistently win statewide elections
Right says
- •Democrats attempted an unconstitutional power grab that would have given them 10 of 11 congressional seats despite Virginia being a competitive purple state
- •The Virginia Supreme Court correctly enforced the state constitution's amendment process, which Democrats violated by rushing the redistricting vote during an active election period
- •Democratic proposals to pack the state supreme court by lowering the retirement age represent a dangerous attack on judicial independence and democratic norms
- •Democrats are hypocritically abandoning their previous support for independent redistricting commissions the moment those processes don't benefit them politically
Common Take
High Consensus- The Virginia Supreme Court ruled 4-3 that the redistricting amendment violated the state constitution's procedural requirements
- Virginia voters approved the redistricting referendum that would have redrawn congressional maps
- The current congressional delegation is split 6-5 in favor of Democrats
- Both parties have engaged in gerrymandering efforts in various states to gain electoral advantages
The Arguments
Right argues
The Virginia Supreme Court correctly enforced the state constitution's amendment process, which requires amendments to pass in two separate legislative sessions divided by an intervening election - Democrats violated this by passing their amendment after 1.3 million Virginians had already voted during early voting.
Left counters
The court relied on technicalities to overturn the clear will of Virginia voters who democratically approved the redistricting amendment by referendum, prioritizing procedural formalism over democratic legitimacy.
Left argues
Republicans have systematically gerrymandered maps nationwide and packed courts in states like Utah when redistricting restrictions didn't favor them, establishing precedents that justify Democratic countermeasures to ensure fair representation.
Right counters
Democrats are hypocritically abandoning their previous support for independent redistricting commissions and constitutional processes the moment those neutral mechanisms don't produce their desired political outcomes.
Right argues
The proposed Democratic maps would have given them 10 of 11 congressional seats in a competitive purple state where the current 6-5 Democratic split more accurately reflects Virginia's actual voting patterns, as shown by Harris winning only 52% to 46%.
Left counters
The current maps still unfairly favor Republicans despite Democrats consistently winning statewide elections, and the new maps were necessary to counterbalance extreme Republican gerrymandering in states like Texas that distorts national representation.
Left argues
Court reform measures like lowering retirement ages are constitutional hardball tactics necessary to counter Republican attacks on democratic institutions and ensure courts don't become tools for partisan obstruction of voter-approved measures.
Right counters
Proposals to pack the Virginia Supreme Court by forcing out all current justices represent a dangerous attack on judicial independence that would destroy democratic norms and the rule of law.
Challenge Questions
These questions target genuine internal contradictions — meant to provoke honest reflection.
Right asks Left
“If Democrats truly support independent redistricting processes and democratic norms, how can they justify attempting to circumvent the very constitutional amendment process they previously championed when it was politically convenient, and then threatening to pack courts when those same processes don't yield their preferred outcomes?”
Left asks Right
“If Republicans genuinely believe in constitutional processes and judicial independence, how do they reconcile their criticism of Democratic court reform proposals with their own actions in states like Utah, where they packed courts and created new judicial bodies specifically to override redistricting restrictions when existing courts enforced voter-approved anti-gerrymandering measures?”
Outlier Report
Left Fringe
Marc Elias suggesting the Virginia government should be 'abolished' represents roughly 5-10% of the left - the most partisan election lawyers and activists who view any adverse ruling as illegitimate. Joan Walsh and some Nation writers calling for defying court orders represent another 10-15% willing to embrace constitutional hardball.
Right Fringe
Jonathan Turley and some conservative commentators calling this a 'legendary face-plant' and suggesting Democrats are 'insane' represent about 15-20% of the right who use maximally inflammatory rhetoric. Most conservatives focus on constitutional process rather than personal attacks.
Noise Assessment
High noise ratio - much coverage focuses on dramatic language about 'packing courts' and 'abolishing government' rather than the underlying constitutional procedure dispute that most Americans would find less inflammatory.
Sources (13)
Last Friday, the Supreme Court of Virginia issued its decision, striking down Virginia Democrats’ attempt to redraw the Commonwealth’s congressional map. Had the map been allowed to stand, Democrats would have been favored to win 10 of the state’s 11 congressional seats in the 2026 midterms, with Republicans favored in just one. This would have ...
Virginia Republicans call Democratic efforts to reverse the state Supreme Court's redistricting ruling "insane" as national Democrats weigh options.
<p>"a face-planting of legendary size"</p> The post <a href="https://legalinsurrection.com/2026/05/jonathan-turley-dunks-on-democrats-over-va-supreme-court-gerrymander-ruling/">Jonathan Turley Dunks on Democrats Over VA Supreme Court Gerrymander Ruling</a> first appeared on <a href="https://legalinsurrection.com">Le·gal In·sur·rec·tion</a>.
Virginia's redistricting faceplant means a potential political apocalypse for Democrats - who will push even harder for radical changes in Washington before it's too late.
The Virginia redistricting ruling ignited a political fight over judicial authority, constitutional law, and separation of powers.
Virginia Democrats talking about changing the rules for the state Supreme Court, after it struck down the party's ambitious partisan redistricting plan--including lowering the retirement age for judges to force every current member out.
It’s past time for constitutional hardball.
On current maps, our model sees Democrats as all but certain to flip the House
<img alt="Supreme Court building." class="webfeedsFeaturedVisual wp-post-image" src="https://thefederalist.com/wp-content/uploads/2026/05/Supreme-Court-1-1200x675.jpg" style="display: block; margin: auto; margin-bottom: 5px;" />Dems' reported plan to stack the VA Supreme Court is an omen for what they plan to do to SCOTUS should they retake trifecta control of the federal government.
<p>Joan Walsh</p> <div><img alt="" src="https://www.thenation.com/wp-content/uploads/2026/05/abigail-spanberger-redistricting-gt-img.jpg" /></div> <div> <div class="wp-block-the-nation-dek article-title__dek"> <p>Democrats must stop conceding that the only answer for various racist voting laws is that Democrats just have to vote more and harder and better.</p> </div> </div> <p>The post <a href="https://www.thenation.com/article/politics/virginia-redistricting-democrats/">On Redistricting, Will Virginia Democrats Surrender, or Get Creative?</a> appeared first on <a href="https://www.thenation.com">The Nation</a>.</p>
If you’re a Democrat, ask yourself a simple question: When was the last time something got better after Brett Kavanaugh put his hands on it? Unfortunately, Jay Jones, the Democratic attorney general of Virginia, does not appear to have considered this question before he asked the US Supreme Court to get involved in his state’s […]
<p>Has there ever been a more overhyped politician than Virginia governor Abigail Spanberger?</p> <p>The post <a href="https://freebeacon.com/editorial/abigail-spanbergers-faceplant/">Abigail Spanberger’s Faceplant</a> appeared first on <a href="https://freebeacon.com"></a>.</p>