RICHMOND, Va. — House Minority Leader Hakeem Jeffries and some of Virginia's congressional Democrats spent the weekend discussing ways to respond to the Virginia Supreme Court's ruling overturning the state's redistricting referendum — including measures that would force all current justices off the bench.
But the plans have been rejected by some of the people who are needed to make them happen.
Among the ideas discussed, according to a Sunday New York Times report: lowering the mandatory retirement age to remove all current justices, and using a lower court ruling to invalidate Virginia's bipartisan redistricting commission and allow new maps to be drawn. No path forward was agreed to.
U.S. Rep. Jennifer McClellan (D-VA04) declined to say whether she participated in the call or how she felt about the ideas that were floated.
"I don't discuss what happens in caucus meetings," McClellan said.
McClellan said she is focused on her own re-election campaign.
"I'm not a member of the General Assembly. They are looking at this. They're going to look and do what they feel is right. I am focused on what I can control, which is organizing and mobilizing voters in the fourth district in Virginia and beyond," McClellan said.
Republican State Sen. Glen Sturtevant (R-Chesterfield) said Democrats are lashing out after their loss in court.
"I don't think we can put anything past them at this point. They can't just lay down their swords and say, 'Whoops, we lost. Sorry,' to all the donors and the members of the party," Sturtevant said. "It is really the sort of stuff you see in banana republics. But they are backed into a corner. They are getting desperate."
However, both of the proposals that were mentioned could not be implemented by Congress, but would have to be done by state lawmakers and Gov. Abigail Spanberger. Virginia Commonwealth University political scientist Dr. John Aughenbaugh said such a move is unlikely, as it would be viewed as an attack on the independence of the judicial branch.
"I think that is a kind of sort of, you know, bridge too far, or a line too far for even elected officials in the state legislature to cross," Aughenbaugh said.
Senate Majority Leader Scott Surovell did not respond to a request for comment, but told the online publication the Virginia Scope, the steps were extreme and the timing was impractical. At an event Monday afternoon, Spanberger was asked directly whether she supported removing the justices over the redistricting decision.
"No," Spanberger said.
Meanwhile, Attorney General Jay Jones submitted his brief to the U.S. Supreme Court Monday afternoon, arguing the state justices erred in their decision. That filing is available here.
Virginia Politics
Va. Democrats ask Supreme Court to halt ruling blocking new congressional map
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