Furious Democrats Reportedly Float Dramatic Idea:Throwing Out Virginia's Supreme Court to Push Through Gerrymandered map
Source: MEDIAite
May 10th, 2026, 4:11 pm
Angry Democratic lawmakers held a venting session this weekend to complain about Virginias Supreme Court overturning its new gerrymandered map and some of the Dems floated a dramatic idea: replacing the states Supreme Court in order to push through the new map anyway.
Thats according to a report from The New York Times on Sunday afternoon. The paper reported struggling Dems like House Minority Leader Hakeem Jeffries (D-NY) held a private discussion on Saturday, where they fumed about the courts ruling from a day earlier. They also strategized a potential counterstrike. Journalist Reid J. Epstein reported the group discussed the audacious and possibly far-fetched idea to get the map they all desperately want.
Not everyone loved the plan, though. The most dramatic idea they discussed which would involve an unusual gambit to replace the entire state Supreme Court, with a goal of reinstating their gerrymandered map drew mixed reactions on the call, Epstein reported. He added, it was not clear that it would even be viable, or palatable to Gov. Abigail Spanberger and Democrats in the Virginia General Assembly. Several Democratic lawmakers representing Virginia in the House were also on the call.
They did not land on a specific course forward, and Mr. Jeffries and the other members of Congress agreed to consult with their lawyers about the most prudent way to proceed, said the people, who spoke on the condition of anonymity to describe a private talk, the report added. The Dem discussion comes as both parties are locked in a redistricting battle heading into the 2026 midterms. Fridays ruling from Virginia was a blow to Democrats, since the new map would have given the party an advantage in 10 out of the states 11 congressional districts.
Read more: https://www.mediaite.com/politics/furious-democrats-reportedly-float-dramatic-idea-throwing-out-virginias-supreme-court-to-push-through-gerrymandered-map/
Full headline: Furious Democrats Reportedly Float Dramatic Idea: Throwing Out Virginias Supreme Court to Push Through Gerrymandered Map
As a note - the VA state Supreme Court Justices are elected for 12- year terms by a majority vote of the VA General Assembly (which is both chambers).
Chasstev365
(8,088 posts)hlthe2b
(114,535 posts)It smacks of a nuclear option that might reverberate for years/decades.
I get the strong "Do IT" reaction as that was almost reflexively mine as well, but, damn!
paleotn
(22,627 posts)But I don't think it will happen. I don't think it needs to. I still think the ground swell will be enough to overwhelm anything the Pukes are doing. Little gerrymandering required. $5 gas and the the repercussions of that aren't going anywhere. It will still be an unholy mess in November. And that's if Donnie doesn't do additional crazy shit in the mean time. We all know he will. He's his own worst enemy.
Bobstandard
(2,366 posts)A nuclear response is appropriate. In fact, anything less is surrender. Every if it doesnt succeed its a necessary statement.
DemocracyForever
(161 posts)If the U.S. Senate dems had gone nuclear in response to the unconstitutional Bush vs Gore ruling, by co-sponsoring the Congressional Black Caucus's challenge to the fraudulent Florida 2000 vot3e count, our country wouldn't now be about to become a Nazi dictatorship. If sure is a big word.
paleotn
(22,627 posts)scipan
(3,098 posts)Voted the "most bipartisan" ..
LetMyPeopleVote
(181,688 posts)I personally believe that given the ruling by Alito and other GOP gerrymandering, the steps outlined here are appropriate.
Link to tweet
https://www.nytimes.com/2026/05/10/us/politics/democrats-virginia-plans-gerrymandering.html?unlocked_article_code=1.hVA.KzAI.Wf17nRa9PSjl&smid=nytcore-ios-share
Any plans to enact a new congressional map for this years midterm elections would require action in the next few days. In a court filing last month, Steven Koski, the commissioner of the Virginia Department of Elections, said any changes to the maps after Tuesday, May 12, will significantly increase the risk of his agency being unable to properly prepare for the states scheduled Aug. 4 primary election......
One key to the plan would be having Democrats in Richmond lower the mandatory retirement age for state Supreme Court justices, an idea that began circulating among state lawmakers and members of Congress after a column proposing a version of the idea was published on Friday night in The Downballot, a progressive newsletter.
Ms. Spanberger would have to sign off on any legislation that lowered the judicial retirement age. She has not been briefed on the proposal, the people involved in the discussion or briefed on it said. Her spokeswoman, Libby Wiet, declined to comment.
The first step in the process, as discussed on the delegations call, would be to invoke a January ruling by a circuit court judge in Tazewell County, Va., that said the 2026 constitutional amendment effort to redraw the maps was invalid because county officials did not post notice of it at courthouses and other public locations three months before a general election.
Representative Suhas Subramanyam, a Democrat who represents Loudoun County, Va., said in an interview that he supported doing whatever was necessary to preserve the map voters approved in last months referendum including replacing the states Supreme Court justices.
Everyone has got to have a strong stomach right now; this is a complete disaster waiting to happen if people are timid, said Mr. Subramanyam, who was on the Saturday call. We have Republican states ignoring their constitutions and interrupting early voting and ignoring their Supreme Courts all together. We know based on that, Republicans would explore every single option possible to move this forward.....
In an interview on Friday night, before his Saturday meeting with Virginia lawmakers, Mr. Jeffries said he was exploring how to unravel this decision.
Its an all-hands-on-deck moment, and its unprecedented in American history as far as we can tell that an actual election has been overturned by a handful of unelected judges, Mr. Jeffries said. Were not going to step back, we will continue to fight back.
This is a very aggressive plan which could backfire. However, this plan may be necessary to stop trump's gerrymandering.
Fiendish Thingy
(23,936 posts)Dems come up with an audacious, courageous response to VASC ruling, then decide it is simply too audacious and courageous to pursue.
FIFY
(
)
My understanding is that three of conservative justices terms end before 2028, and the ruling gave a road map for how to get the amendment past the current court, so these other solutions are sort of Hail Mary option to get the new map for 2026.
AverageOldGuy
(4,129 posts)DO IT. We have three choices:
1. Two Justices' terms end before the 2028 election. When their terms expire, put in Democrats, giving us a 5-2 edge.
2. Special legislative session, lower the retirement age, thereby dumping several judges now, put in young Democrats.
3. Do nothing and continue to eat shit.
#3 is unaccetable.
#1 or #2 is fine with me. Yes, we will have to listen to bitching and moaning from Republicans nationwide but screw 'em, it's time we take lots of big guns to a gunfight.
orangecrush
(30,999 posts)FBaggins
(28,739 posts)There will be a general election this November... that "counts" in a way last year's election didn't. They can pass the amendment again after November and have a new referendum with lines in place before 2028
RussBLib
(10,726 posts)Just lower the retirement age of the VSC and appoint new ones? Dont think Ive ever heard of the GOP doing that.
Since redistricting to benefit blacks now seems off-limits, then we should redistrict to bunch all the Republicans together in one or two districts and leave the rest for the Dems. That is certainly not racist, but it is still discrimination.
https://russblib.blogspot.com/?m=1
bluestarone
(22,429 posts)Be READY to DO IT, if you warn them. DO NOT warn them if you're not gonna follow through!!
intelpug
(168 posts)Give the court one warning , Warning of what? They already made their ruling, They are hardly going to take it back now
MLWR
(1,068 posts)"North Carolina Republicans passed legislation in November and December 2024 to strip key powers from newly elected Democratic officials, including incoming Governor Josh Stein and other Council of State members... The Republican-led General Assembly moved to weaken the authority of the incoming Democratic governor and attorney general before they took office."
What Democrats are attempting in this instance doesn't appear to me to be any more "audatious."
Bettie
(19,840 posts)they seem pretty sure that Rob Sand is going to win, so they are busily stripping all power from the governor's office.
ETA: At this point, he MIGHT be allowed to use the governor's actual physical office, but that's not even a sure thing (sarcasm, mostly).
DET
(2,583 posts)I cant see Governor Spanberger signing off on it.
magicarpet
(19,343 posts)We have pussy footed around trying to be likeable gentlemen who cherish following protocols and decorum. But where has this gotten us with these ruthless Fascists.
These Nazis mean business to take and to hold America as exclusively their own and mold it to fit their grand idealizations of their warped god, his warped laws, a their warped church - as they seek to build a warped interpretation of a more perfect and ideal Fascist Theocratic Utopia.
Our Democratic form of goverance is not perfect but there is much we can do to improve upon, build upon, and make it better. If we would finally work together in unison and collaborate our intellect, our abilities, and our productive energies.
First of all we must tar and feather the Fascists and Nazis among us, run them the fuck out of town and out of all levels of our government.
Then boldly get down to the business of getting this government and country back on track and fully operational once again. But not repeating and reiterating the mistakes often made in the past.
Time is against us,.. we have fallen very very deeply into the abyss of Fascism. Most people have hardly even noticed the depth of the danger zone we have crossed into. Ushered here to this point by the often trusted and guiding hand of trump's runaway Fascistic MAGA-ISM.
Purging, disinfecting, and cleansing our country of this vile toxin of MAGA-ISM is priority number one requiring our immediate attention.
Let the consequesnces be suffered for those who brought us here. Then let the healing begin so that which was dismantled, destucted, and destroyed can be repaired and restored.
The country, its people, and their government have taken gigantic leaps and steps backwards and much corrective actions must be taken to clear the slate of this MAGA scourge.
Boo1
(445 posts)"likeable gentlemen who cherish following protocols and decorum"
I have seen no evidence that this is true.
msongs
(74,111 posts)paleotn
(22,627 posts)That's simply a matter of vetting the replacements.
Torchlight
(7,011 posts)SamuelAdams
(166 posts)I still think we win back the House but the more they gerrymander, the more likely they could hold the House. If they also keep the Senate, they would be emboldened to cut more money from the social safety net, maybe end programs altogether. They might decide to end the filibuster to pass the SAVE Act. There would be no check on this administration. The war in Iran could continue the next 2 years. He could attack Cuba, Greenland, and anyone else he wants. ICE and border patrol would continue with no checks. We should think about those consequences before refusing to do anything that would upset Republicans.
LetMyPeopleVote
(181,688 posts)Given the outrageous ruling by SCOTUS, the GO P actions taken in Louisiana, Tennessee, Mississippi and Alabama, these steps are appropriate. The GOP cannot claim clean hands given the steps taken by SCOTUS and these states.
Dems eye 'audacious' secret plan to oust entire blue state Supreme Court: report
— br00t4c (@br00t4c.bsky.social) 2026-05-10T19:51:47.254Z
DO IT! Get creatove Dems. No shame. No "but my precious decorum". Fight. The. Fascists. #Virginia
www.rawstory.com/virginia-red...
https://www.rawstory.com/virginia-redistricting-2676875271/
During a private Saturday call that included Virginia's Democratic House delegation and House Minority Leader Hakeem Jeffries (D-NY), lawmakers vented over Friday's ruling and floated what The New York Times described as "an audacious and possibly far-fetched idea" to replace every sitting justice and reinstate their map, according to a Sunday report.
The scheme includes lowering the mandatory judicial retirement age from 75 to 54 the age of the youngest current justice forcing all seven off the bench. Virginia judges are appointed by the Democratic-controlled General Assembly, which could then stack the court with friendly replacements.
"The conversation reflected the desperation and fury that have gripped the party after the state Supreme Court struck down a favorable map that had been ratified by voters," the Times wrote, calling the mass ouster the "most dramatic idea they discussed."
The idea reportedly drew "mixed reactions" on the call, and Democrats did not land on a path forward. Gov. Abigail Spanberger has not been briefed, her spokeswoman told the Times. Former Rep. James Moran (D-VA) warned the gambit would be "just a bridge too far" and could backfire.
Rep. Suhas Subramanyam (D-VA), who was on the call, told the Times he supports doing whatever is necessary, adding: "Everyone has got to have a strong stomach right now; this is a complete disaster waiting to happen if people are timid."
PatrickforB
(15,513 posts)something better and much less corrupt in its place.
Honestly, I don't think the idea of Trump as an aberration and then back to business as usual is going to work this time. When Republicans stopped wanting to actually govern and instead went all-out on winning and amassing power, they became a cancer that needs to be rooted out, as so Wall Street and the modern robber barons.
We need to be using block chain to ensure absolute transparency around where money goes and imposing severe sanctions on corruption. This, of course, will cause us to have to rethink the whole first and second chakra blockages that have allowed the paranoid and profit-hungry military industrial complex to grow into the corrupt monster it is.
I'm fucking TIRED of having MY tax dollars spent on shit that doesn't even come close to helping me. A trillion dollar war budget? Sorry - rather have HEALTHCARE. A huge bloated secret police force called ICE rounding up brown skinned people? Sorry - rather have free college for my grandkids. A prison-industrial complex with concentration camps as its flagship? Nope. Sorry. I'd much rather have childcare subsidies. A political-industrial complex that soaks people for money in return for 'fighting for' them? Sigh. Sorry - rather have the rules of corporate governance FORCIBLY changed to a stakeholder approach that holds the interests of workers, consumers (including truth in news reporting) and the environment equal to shareholder profits. Reinstatement of Jim Crow due to the Klan part of the Supreme Court legislating from the bench? Nope. Absolultely not. I want the original voting rights act COMPLETELY REINSTATED IMMEDIATELY. Gerrymanders? Nope. It would be much better to have nonpartisan groups set logical boundaries based on actual communities.
To reiterate in ways the Democratic movers and shakers on this site can understand better, I'm FUCKING TIRED of being TAXED WITHOUT REPRESENTATION. Because this government the Democrats allowed to cheat its way into power with the help of Thiel, Musk and other tech-bro robber barons is the end game of the effort Wall Street financiers and robber barons begun clear back in 1935 to gut the New Deal which they hated.
I'm so fucking tired of these little boys in billionaire suits sucking energy from the grid like parasites with their AI data centers, designed ultimately to impose a surveillance state on us.
When are we going to fucking WAKE UP and get ugly?
You know our government has pretty much stopped even pretending to
NoMoreRepugs
(12,216 posts)Start fighting, who cares if we lose a fight or two? We need to win this war.
DoBW
(3,310 posts)in2herbs
(4,512 posts)Fil1957
(842 posts)November is our last chance, and we must use all legal means to secure that election.
rickford66
(6,090 posts)Zelda_Orchid
(102 posts)Every Republican appointee, in every branch of government, at every level, needs to be impeached & removed from office. THEN we can get back to normal.
orangecrush
(30,999 posts)NH Ethylene
(31,390 posts)It may not happen, but kudos for the Dems for stepping up to play hardball.
mikewv
(297 posts)why not do the same?
OhioBack2Blue
(194 posts)He not only gave the Ohio Supreme Court the finger he also told the voters to go screw themselves, after 2015 and 2018 referendums were passed imposing fair maps!
Gov. Supine is no moderate, centrist and in 2023 Ohio republicons held the first statewide, unlawful election using illegal maps. Not hyperbole, actual fact.
Ohio, which has been one party rule for decades, is now an actual theocratic autocracy with Christian Nationalists controlling Gov. Supine from the statehouse and dictating to citizens of Ohio.
Under such conditions, Ohio has declined from a top tier state, down to 38th worst states out of 50, across 71 different quality measures (USN&WR, both 2024 and 2025).
Lasher
(29,651 posts)The GOP WV Legislature cooked up bogus charges against several state Supreme Court Justices and forced them out. Our GOP governor subsequently appointed new Justices to take their places. Since it worked for the GOP in WV, I don't know why the same tactic wouldn't work for Democrats in Virginia.
scipan
(3,098 posts)Are already set to take 224-225 House seats, if all toss ups go our way. That's from the Cook political report and Larry Sabato's crystal Ball. Ratings keep moving leftward as well.
The big question mark is the cheating.
COL Mustard
(8,353 posts)In normal times Id be against something like this, but these aint normal times. Its time to play hardball.
LPBBEAR
(682 posts)As with past issues the Dems will ultimately do nothing. They'll talk a lot, threaten to do something, write a few strongly worded letters, make some noise, but ultimately, they'll do nothing. As a result of the inaction we'll see Trump in for a third and lifetime term.
What should happen.
Actions that are as dirty and lowdown as anything the Republicans come up with and worse. Every Democratically controlled state should gerrymander the fuck out of their states and do everything in their power to disenfranchise every goddamn fucking Republican from the ability to vote. Fuck them and their fucking feelings.
bluestateboomer
(555 posts)I like his idea....
OhioBack2Blue
(194 posts)....the rules have changed! The republicons changed them.... don't like it? Too late.... you ignored warnings for decades....you've done little to hold RCons accountable to the old law and order rules.
Mike Dewine, for example, should be in jail, not only for his defiance of the Ohio Supreme Court 7 times but also his, knowledge of and involvement in, the First Energy corporation / statehouse bribery scandal- the largest corruption scandal in the history of Ohio.
Get with the program Dems!
There are the new rules, at least temporarily, and until you can figure out some way to hold RCons accountable you will need to leverage these strategies to save Democracy and the country.
.
dsc
(53,438 posts)but since for this plan to work a rehearing would be needed, why not just expand the size of the court by 2 seats, appoint the 2 seats, get the case reheard, and it would be 5 to 4 for the referendum instead of 4 to 3 against. That would be in line with what states such as Utah have done.
Shrek
(4,456 posts)The Supreme Court shall consist of seven justices. The General Assembly may, if three-fifths of the elected membership of each house so vote at two successive regular sessions, increase or decrease the number of justices of the Court, provided that the Court shall consist of no fewer than seven and no more than eleven justices. The Court may sit and render final judgment en banc or in divisions as may be prescribed by law. No decision shall become the judgment of the Court, however, except on the concurrence of at least three justices, and no law shall be declared unconstitutional under either this Constitution or the Constitution of the United States except on the concurrence of at least a majority of all justices of the Supreme Court.
dsc
(53,438 posts)intheflow
(30,239 posts)its restoring the will of the voters.
MichMan
(17,361 posts)Not saying it is the same thing, but it does happen.
In 2006, Virginia voters passed a constitutional amendment stating marriage was defined as being between a man and a woman. It passed by 57%, but was later ruled unconstitutional in 2014.
A referendum is scheduled for November 2026 to officially repeal the 2006 law.
https://en.wikipedia.org/wiki/2006_Virginia_Question_1
dsc
(53,438 posts)and it wasn't over a ridiculous technicality.
Response to dsc (Reply #48)
MichMan This message was self-deleted by its author.
Kid Berwyn
(24,980 posts)
LetMyPeopleVote
(181,688 posts)This is disappointing
The states Democrats have decided against forcing resignations on the state Supreme Court to preserve their redistricting. Funny how Republicans always find a way, and Democrats dont.
Link to tweet
https://newrepublic.com/article/210250/trump-virginia-dems-redistricting-war
The decisionwhich nixes a complicated idea, discussed over the weekend by Democrats, to replace the state Supreme Court and get the case reheardis likely to anger rank-and-file Democrats who had hoped the party would respond aggressively to the ruling, which has made it more likely that Republicans hold the House this fall.
The decision also contrasts sharply with moves undertaken by many GOP state legislatures in the South, who are aggressively gerrymandering their states with wild abandon to erase decades-old majority-majority seats from existence, after the U.S. Supreme Court struck down a key Voting Rights Act protection against racial gerrymanders.
As a practical matter, Virginias state Senate Majority Leader Scott Surovell said in an interview, the move would not be capable of being implemented given the time frame.
The decision effectively kills off hopes of getting back the four House seats that Democrats had moved into their column by pulling off a victory in last months referendum, which redrew the states House map. Last week, the state Supreme Court struck down the new map, wiping away that potential four-seat gain.