Democrats seemed despondent over the decision; they had invested eight months and nearly $70 million to pass the referendum.... Some legal experts believe that the Virginia Supreme Court’s ruling may be the final word on the state’s maps before the election. That is because the case involved a challenge to a state law about whether lawmakers had followed rules laid out in the Virginia Constitution, not a question of federal law or the U.S. Constitution...."
If it's a state law question, the state supreme court is the final word.
In the lawsuits, Republicans argued that the language in the amendment was misleading, that the new districts were not drawn compactly, that it was improper to vote on redistricting at a legislative session that had convened to discuss budget issues and that a state law would have required county clerks to post notices about the amendment months before it was actually voted on. One of the most critical questions was about the sequence of events in Virginia’s complex amendment process. Before voters weigh in on an amendment to the State Constitution, the General Assembly must approve it twice, with an election for the state’s House of Delegates taking place between the two votes. The first vote for this amendment was on Oct. 31, just days before the state election. With hundreds of thousands of Virginians having already voted, Republicans argued that the legislative action had come too late. The court sided with that argument. “Early Virginia voters unknowingly forfeited their constitutionally protected opportunity to vote for or against delegates who favor or disfavor amending the Constitution by not anticipating a legislative vote on a constitutional amendment four days before the last day of voting,” the court’s majority wrote.
***
Here's my post from April 22d about the referendum, which stressed the problem with the misleading wording. That wasn't the basis of the decision, which was about the procedure for putting an constitutional amendment on the ballot.

৬৫টি মন্তব্য:
"The problem, the court’s majority suggested..."
"Suggested"?
Leave it to the Times to mistate the problem
What was the dissent’s reasoning?
Obviously Dem lawyers looked at this beforehand. What were they thinking? Did they think they could just win the case because they had Dem judges?
"Obviously Dem lawyers looked at this beforehand. What were they thinking?"
It's easier to get forgiveness for violating the law than permission to do so.
@Begley, according to a post at AofSHQ, in the first lawsuit the Democrats argued that "Election" meant only "Election Day" so they wanted the Justices to ignore early voting periods.
Also, according to a comment I read at Instapundit (and IIRC), five of the seven VA Justices could be inferred to be Republicans, one of which voted to uphold the referendum results. I don't think they read the room very well.
I want to know about the dissents. Everything hunky-dory viewed from that side?
"Obviously Dem lawyers looked at this beforehand. What were they thinking" They probably looked at states like Massachusetts or California where the courts just rubberstamp the legislature's actions. 4-3 is really close for something so obviously incorrect.
I asked my focus group of Republican-leaning independents whether the redistricting wars would have an effect on their vote this fall. The group was undecided, mostly asking questions about which side was trans.
I still haven't figured out how they wanted to finesse what appears to be the requirement that two different sessions of the House of Delegates have to pass the language before the referendum. Were they then going to argue if the (likely Dem) Secretary of State didn't certify the vote before the second passage then the "vote" occurred on Election Day didn't actually happen until after the second passage?
Matt (Matty)Yglesias Throws Tantrum Over Judges Who Won't Let Virginia Dems Ignore the Constitution – Twitchy https://share.google/RkP7jDiOJGXqyj2UU
So Low-T IEE not only argues with himself, he loses the arguments.
The first vote was last November, the legislature passed the first referendum vote in October, after the beginning of the "election". The second vote was in January. And the referendum was voted on in April. As I understand it.
I live in Virginia. The administration was warned, before they started that this would fail.
The first challenge was the timing. The VA constitution requires an intervening election before the second vote in the legislature. The first vote was held while VA was voting (VA has 45 day early voting, incredibly), 1.3 million votes had already been cast. This was the issue the SC focused on.
The second challenge was the approval of the amendment during a "Special Session" of the legislature. The special session was called by the previous republican governor to address the budget. The legislature could have extended it to other measures by 100% approval to address other matters, but they did not. The republican argument was that the special session ended with the normal session in January 2026. The SC did not address this.
The third argument was a statutory requirement to post the amendment 90 days prior to the vote at each courthouse. This was not done. The democrat legislature and governor repealed this law after the 90 day period had begun. This, also, was not addressed.
Now, if only they hold the stupid gun laws they passed unconstitutional.
They're still stacking up more and more taxes on really annoying stuff. It's to fund stuff like free busses in Arlington. We had a surplus, which was refunded to the taxpayers in the two years past.
Democrats really suck.
The other night when the trolls were frenetically spamming out comments on every imaginable topic, I wondered if some signal had gone out telling them to throw a whole bunch of stuff against the wall to see if something sticks.
My working theory is that blog comment engagement-bait is marketing research. The audience in blog comment-sections is too small to be worth spending any effort on trying to influence, but stable populations of commenters who can be tracked across the google ecosystem might be useful for testing out talking points, disruption rhetoric, and other memetic language for use in larger contexts.
I'm not yet abandoning the idea entirely yet, but seeing the hysterical reactions across social media suggests that the spazz-out could just as easily have been a spontaneous response to the redistricting stuff.
(I guess it also could have been a spontaneous freak-out in whatever small group sends out the talking points, and the trolls just obediently repeated them).
Maybe its just argument clinic
I suppose I'm very naïve and out of touch- but 70 million dollars, spent on what???? Maybe that's not much money to politicians, but JFC that's a lot of money to spend- perhaps in hope of having a permanent California type communist society.
If only they could have waited, but then the point was to rush it through for the 2026. I guess we'll find out if it was worth it. But to be snarky, tactically smart but strategically stupid seems to be the norm for the NOVA laptop class.
albino woman
albino woman to me
albino woman
—— Barry Gibb
albino woman
they given you a number
took away yo name
Interesting thoughts, from the good Prof. Drout.
The language of the ballot measure was laughable.
Not to neo-commie leftist dems - but to all normals.
Apparently in their direct appeal to the US Supreme Court to overrule the Virginia Supreme Court- the brief misspelled both Virginia and Senator. Real quality learing work there.
They clearly violated the state's constitution. The only question was whether they were going to acknowledge it.
"Obviously Dem lawyers looked at this beforehand. What were they thinking?"
They were feeling lucky.
The fact this wasn't a unanimous decision is what's really disheartening.
Words mean things. Laws mean things. It's in plain English and yet... /walks away shaking his head
I have to say that I hate us going over to gerrymandering and yet I see no other way to counter Dem gerrymandering. There is no Republican from the four New England states in the US House of Representatives. California has 52 Representatives, 7 of whom are Republican but the state is 40% Republican. And the present day Democrats make not the slightest pretence that they care about anyone except their fellow Democrats. So the over representation of Democrats in New England and California means Republicans have no representation in those states. So it's only right that we are well represented in neighboring states.
I'm moving toward the thought that the Dems have truly gone mad. I attribute it to eight years of only hearing half of any story in the media. Dems just don't understand how people can disagree with them because they've never heard the other side. And, like a man trying to start a balky gas-powered lawnmower, they are becoming more and more frustrated by a resistance they can't understand until many in a blind rage have begun to support political violence. Of course, they aren't so angry that they'll do anything themselves but they are ready to create an atmosphere in which losers will feel a pressure and strike out. And as a political strategy, that is madness, not democracy or the rule of law, just madness.
"The fact this wasn't a unanimous decision is what's really disheartening."
Yes.
Dems “invested $70 million” in this. And lost. They just piss money away.
Damn that pesky Constitution!!!
Would be hilarious if the Dems reverse their 2020 arguments and say “the legislature” literally means the legislature, so the VASC should have no power in this. CC, JSM
J Scott, thanks. I got it in my head this was first proposed this year, and also forgot that states often have off-year elections for state and local offices.
This is the longer term consequence of Democrats learning the wrong lesson (not learning) from Trump's win and resulting TDS.
They keep telling themselves "If Trump can get away with it so can we." Well, Trump was severely ignorant of the law and DC realities in 2017, and he didn't get away with it. They then fabricated and projected a bunch of stuff to "catch him."
This resulted in the collapse of logic and blind knee-jerk policies everywhere. Examples include New Mexico's Michelle Lujan Grisham deciding on whimsical "emergency" gun laws just because. This includes sanctuary polices, defunding police, etc. This includes the CA and NY efforts to tax the wealthy despite instant proof that they are chasing the golden geese to TX and FL.
VA blue politics today means Northern VA (DC suburbs) and continuing establishment/Deep State resentment over threats to their hegemony. But, it's blind rage with no consideration of second or third order consequences. They feel good for the moment.
https://en.wikipedia.org/wiki/The_Course_of_Empire_(paintings)#Destruction
Ben Sasse has a startling idea which as a side effect could solve this problem: vastly increase the size of the House of Representatives so we get back to the original ratio of one Representative per 30,000 citizens. The raio is currently 1 to 750,000. Sasse follows George Washington that we should all know our Representative.
The odds that the U.S. Supreme Court will reverse the Virginia Supreme Court are extremely long as the decision being appealed was grounded on state law and the referendum did not occur at the same time as a federal election. There is an argument that federal law is implicated but it is not a very good one. When the Dems don’t get traction with this argument they will move on to bashing both Supreme Courts.
The Virginia Cnstitution also requires that the districts be “compact,” which the Spanberger-Lucas map clearly is not.
I would like to know the breakdown on the judges between R gov appointee and D gov appointee. If it was a fed case, we all would have that info.
I for one am not accepting the GOP explanation that they knew it would be thrown out and that’s why they did nothing to oppose the $80M ad blitz democrats ran to urge yes votes. I’ve heard it called “brilliant!” And again, that description is highly atypical of any GOP endeavor.
Skepticism is always an appropriate response to news that sounds too good to be true.
Going by Joe Bar, and my own reading; there were number of reasons the Virginia Supreme Court had to find this map unconstitutional. They went with the clearest of one. The notion SCOTUS would contravene is wishful thinking, but even if it did; there are other reasons the Virginia Supreme Court has to rule again that the map is unconstitutional.
For any progressives crying about "muh democracy", this used to happen every decade in Texas. Republicans would win a majority, Democrats would flee the state to even avoid voting on a map, finally a map would be voted on, and almost immediately, an elected Democrat judge (because we have those in Texas) would toss the map on unconstitutional grounds just prior to an election. This ended when Democrats played the same game at a local level in Galveston and SCOTUS put a stop to it.
Agree. Likelihood that SCOTUS reverses SCOVA is near zero. What would they say? That the VA redistricting was illegal done, but they should allow it anyway, because it’s (D)ifferent? Not with 6 Republicans, but maybe with 6 KBJs. They have better things to spend their time on. They will probably just not put the case on their Emergency Docket, and let the normal judicial process kill it through eventual mootness.
This whole thing is a farce. The Dems spent $80 million to try to pick up a single House seat. And then lost, because it very clearly violated the VA constitution. They tried to cheat, and got caught at it. And now won’t have the $80 million come this fall. And that’s in almost real money, since their government funding of their NGOs has significantly dried up. Meanwhile, the Dems have apparently fallen behind overall in fund raising for this year’s elections. Plus the DOJ ‘cracking down on NGO political funding.
I have heard, that with the VA redistricting off the table, Republicans may pick up 5-8 seats with redistricting. Throw in the Republican campaign fund advantage. And the Dems are facing a structural problem. What are they going to run on? A bunch of 80/20 issues where they are on the 20% side? Trump? Probably, but he isn’t on the ballet. And Iran will be long over, with a win on his side.
Did they think they could just win the case because they had Dem judges?
Sure. So did I. Isn’t that the way it usually works?
And that’s in almost real money, since their government funding of their NGOs has significantly dried up.
Where’s the evidence of that? Even if true they still have entitlement fraud for funding. No NGO needed…
The Republican Party needs to start playing this NGO game too, if Congress won't stop it.
Re: Dave Begley:
Obviously Dem lawyers looked at this beforehand. What were they thinking? Did they think they could just win the case because they had Dem judges?
Well, yeah.
But I think they analysed it in very lawyerly fashion, and concluded that they could argue that technically, vote 1 was "before" the 2025 election because it came shortly before the final day of voting, the 2025 election therefore counted as "the next general election," and vote 2 was therefore "held after the next general election of members of the House of Delegates," as required under the Virginia Constitution. And then once they had won the plebiscite, they were confident that the court wouldn't dare reject a Constitutional amendment that had popular support.
They were making a risky bet, yes, but it's really the only path they could have taken to amend the state constitution to abolish/suspend the constitutionally mandated redistricting process and let the legislature adopt gerrymandered spaghetti districts in time for the 2026 midterms, which was their goal. Legal counsel might have advised them of the risks, but if they wanted to get a crazy gerrymander through before 2026, this was pretty much the strategy they had to pursue.
That you had three dissenters!!!
So much hangs on the vote of one judge. This ain't no way to run a railroad,
https://m.media-amazon.com/images/I/51j2D5rjRBL._AC_UF1000,1000_QL80_.jpg
https://x.com/DavidMMcintosh/status/2052936016147681675
I wonder how many Dems would hold office if they had to raise money and get votes legitimately?
Political Junkie said...
"I would like to know the breakdown on the judges between R gov appointee and D gov appointee. "
The judge who wrote the opinion was appointed by governor Mark Warner, a democrat, and approved by all democrats in the legislature.
From a textual point of view, the decision should have been 7-0- the referendum clearly was illicit by several different arguments. Also, while one would believe there is no way for a federal court to intervene, I guarantee you a federal judge (D.) will toss out the VA Supreme Court's decision. Also, I wouldn't be surprised if Spanberger etal. ignore the ruling and redistrict anyway- daring the VA court to do something about it.
"In Huge Blow to Democrats, Virginia Court Strikes Down House Map/The decision is a major victory for Republicans, wiping away a measure approved by voters to allow Democrats to gain as many as four House seats in the midterms"
I think maybe a rewrite is in order:
""In Huge Blow to Democrats, Virginia Court Strikes Down House Map/The decision is a major victory for Virginia's political system and State constitution, wiping away a measure approved by a bare majority of voters to allow Democrats to all but eliminate Republican representation in the legislature despite the most recent election's near-50/50 results"
Balfegor and Begley: Yep, what Balfegor said at 7:39 am. The Ds took to heart that you miss 100% of the shots you don't take. So the Ds took the only shot they had, stacked the deck with the wording of the referendum to help get the result the Ds wanted, argued that the VA court couldn't rule before the vote was had, and then counted on the VA court being unwilling to void an election result favorable to the Ds.
And the Ds were one VA justice short of making their shot and being ruled 'absolutely correct' in their cynical, result-oriented reading of VA law.
At times, we see pure democracy in action except the only voters are the ones wearing robes.
It is shocking that 3 judges were so blatant in their disregard for the law.
This should have been 7-0 and those 3 judges belong in jail.
Original Mike said...
"Obviously Dem lawyers looked at this beforehand. What were they thinking?"
They were feeling lucky.
Not sure why you people are ignoring the obvious.
Democrats are evil people who will lie and cheat and use any possible tactic to gain power including "judges" who obviously don't care about what the law actually says.
Democrat Judges can make anything legal.
Obviously unconstitutional but still 3 justices think no problem.
I suspect the 4-3 vote was an internal court CYA effort to telegraph "you just missed" to the Democrats. The logical and obvious 7-0 vote would be perceived as a slap in the face. See John Roberts vote on the ACA.
Many courts are partisan functionaries and try to split the baby these days.
The democrat talking point, on all news channels here in Maryland/DC/VA, is that the supreme court 'invalidated the will of 3 million virginians that voted'. Actually about a total of 3 million voted, but about 1.5 million voted against vs about 1.6 million for it. Assuming the late surge of 300,000 votes that put it over the top at the end was legit.
Assuming the late surge of 300,000 votes that put it over the top at the end was legit.
Now would be a good time to water board the vote counters in Fairfax County.
The 4-3 split was caused by the interpretation of when the election occurred. Virginia holds its elections in odd numbered years. The first vote on the referendum happened before Election Day in 2025 but after early voting had begun. So four judges agreed that the referendum did not occur before the election and three focused on Election Day.
I think that the four judges had it right, because the clear intent of the Constitution was that an unpopular proposed amendment could be — should be — an election issue. By passing the proposed amendment after voting had begun the Dems made it impossible to make it into an election issue.
I liked Youngkin as governor — he left a budget surplus when he left office (which has not stopped Spanberger and Louise Lucas from raiding taxes calculated to punish the middle and working classes). However it is fair to criticize him for not doing more party-building to better confront the “gaunt, unshaven, greasy-skinned, half-crazy-looking, potato faced” Democrats.
Sorry. In my first paragraph I wrote “ referendum” instead of “proposed amendment.”
Even at $70 million it was worth a shot. Seats in Congress are very valuable grifting tools that would return that money quickly. The fact that they felt it was worth that tells you how much money is being stolen by our "public servants".
In response to the Dems, I would like to quote AOC's reaction to the Republicans when the initial measure passed:
“Oh, wah, wah, wah.”
If the VSC had ruled in favor of the amendment despite the clear violations of the Virginia Constitution could a Federal Court have intervened?
"Section. 4.
The United States shall guarantee to every State in this Union a Republican Form of Government, ..."
Still, Trump should move to revoke the retrocession and make DC square again. It has the benefit of sequestering all those NoVA into the non-voting district they belong in, which also reduces the mischief they can cause to the good citizens of VA.
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