Virginia's GOP-Dominated Supreme Court Strikes Down Voter-Approved Redistricting
Justices of the Supreme Court of Virginia
The Virginia Supreme Court on Friday struck down the new congressional map that voters passed in April's special election.
It's the first case of a high court striking down a vote of the people on a redistricting measure. In other states, such as Texas, voters didn't pass a bill specifying a map, whereas Virginia voters approved a specific design.
"We hold that the legislative process employed to advance this proposal violated Article XII, Section 1 of the Constitution of Virginia. This constitutional violation incurably taints the resulting referendum vote and nullifies its legal efficacy," wrote the court.
The Article in the Constitution says, "Any amendment or amendments to this Constitution may be proposed in the Senate or House of Delegates, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, the name of each member and how he voted to be recorded, and referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates."
It continues: "If at such regular session or any subsequent special session of that General Assembly the proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the General Assembly to submit such proposed amendment or amendments to the voters qualified to vote in elections by the people, in such manner as it shall prescribe and not sooner than ninety days after final passage by the General Assembly. If a majority of those voting vote in favor of any amendment, it shall become part of the Constitution on the date prescribed by the General Assembly in submitting the amendment to the voters."
Lawyer Don Dechert commented, "Disheartening, but also also should broaden talks about court reform in the states. One hopes that the Virginia [legislature] looks at this and starts checking the VA Supreme Court."
Lawyer Benjamin Kabask called it a "f—— joke."
"You can have a legislature vote for something and the public ratify it, but if 4 Republicans in robes don't like it, it's not law. F—— this s——. Our country is finished. If [Virginia Gov. Abigail] Spanberger and her legislative majority don't come out with court reform today, what's the point? The norms are gone. It's time to fight," he added.
Zeteo political correspondent Asawin Suebsaeng wrote, "I think a lot of people are underestimating just how politically radicalizing this stuff is, when you see what the right is getting away with, including with the blessing of the Supreme Court majority."
Reprinted with permission from Alternet







