By Jack
Three days after the Virginia Supreme Court struck down a voter-approved redistricting plan that Democrats hoped would flip as many as four U.S. House seats, reports emerged over the weekend that party leaders are discussing a breathtaking response: lowering the mandatory retirement age for state Supreme Court justices to a level that would remove every single member of the current bench.
The court ruled 4-3 on May 8 that the Democratic-led legislature violated procedural requirements when it placed a redistricting constitutional amendment on the ballot. Voters had narrowly approved the amendment on April 21, but the ruling rendered that result meaningless.
Now, rather than accept the defeat, Democrats are reportedly floating a plan to change the rules and try again with a friendlier court.
The Washington Examiner laid out the details of what is being discussed.
Democrats are considering a plan to lower the retirement age of Virginia Supreme Court justices in an attempt to remove all sitting judges and replace them with jurists more likely to allow the 10-1 redistricting referendum. The idea would set the judicial retirement age at 54, matching the age of the youngest justice who joined the majority opinion that struck down the referendum. Virginia currently has a mandatory retirement age of 73 for its judges, and the General Assembly appoints judges in the state.
Quinn Yeargain, a Michigan State law professor, floated the concept of sending the entire court into early retirement. Democrats control both chambers of the General Assembly, while Governor Abigail Spanberger would have to sign the bill. Yeargain suggested using the yearly budget, due June 30, as the vehicle. Virginia Democrats reportedly discussed the idea with Representative Hakeem Jeffries during a weekend strategy call. Representative Suhas Subramanyam said Democrats needed a strong stomach because Republicans would explore every option possible. Former Representative James Moran was more skeptical, reportedly calling the move a bridge too far.