If things were normal, which they are not, I would oppose returning the drawing of Virginia’s congressional district maps back to the state’s legislature, even temporarily. America is in deep trouble, however. Democracy is in retreat; the country is ruled by decree out of the White House. Congress sits mute. A President ruling from his gold encrusted throne threatens to “nationalize” the elections and seems indifferent to his paramilitary police brutalizing communities and shooting and killing citizens.
The Constitution – our written social contract as to how the government is organized and how power is shared – is shredded day-by-day by Trump. Our representative in the 5th District, John McGuire just voted for the Save Act to make it harder for Americans to vote and agrees with Trump’s call for Republicans to nationalize the vote, or at the least, has not repudiated Trump’s demand. He thinks he works for Trump and not we the people of his district. It is time to fight back, it is time to b break the glass because there is a constitutional emergency.
The fastest and best way to check Trump’s unchecked power is by electing Democrats to the House of Representatives – the people’s house – and the senate. Sensing a coming defeat this November and a loss of a Republican majority in the House of Representatives, Trump demanded that red states redraw their congressional districts, immediately. If you can’t win fair and square, cheat, lie, and steal is this administration’s mantra.
Texas obliged instantly, without consulting their people. Another example of rule by dictate far too common in red states. At least the people of California had a choice whether to redistrict (they voted ‘yes’ this past November). We the people of Virginia will have our chance to give voice to whether we redistrict. That vote is April 21. Early voting starts March 3.
Democrats did not ask for this redistricting fight, but Trump threw down the gauntlet. We the people of Virginia must take drastic steps to reclaim sovereignty or lose our democracy to one-party rule and dictatorship.
Vote YES to temporarily redistrict Virginia’s congressional seats.
For those constitutional law geeks like me, below are some Frequently Asked Question:
How many other states are redistricting (or counter redistricting) based on Trump’s outrageous demand?
According to the National Conference of State Legislatures, five states have already redistricted (Missouri, North Carolina, Ohio, Texas, California); A number of states have introduced legislation to redistrict (Maryland, South Carolina, Washington, and Virginia): Florida is in the process of adopting legislation with additional states contemplating redistricting, but awaiting state court decisions (Alabama, Louisiana, North Dakota, and Wisconsin). Other states have already moved forward and many plan to do so. Indiana rejected Trump’s redistricting demand.
Why does Virginia need a vote on whether to redistrict its congressional districts?
In November 2020, Virginians voted overwhelming (66 percent) to amend the state’s constitution to appoint a 16-member bipartisan commission to draw Virginia’s congressional districts. Virginia is one of about a dozen states that have independent commissions to draw congressional maps. A majority (29) still permit their state legislatures to draw congressional districts. The referendum vote in April is the only constitutionally sanctioned method to temporarily amend our state constitution so that the Generally Assembly can redraw Virginia’s congressional districts.
Why hasn’t the Supreme Court ruled that partisan redistricting is unconstitutional?
They did rule, by not ruling. They took the easy way out and said it was out of their hands, that there were no ‘judicially discoverable’ or ‘manageable standards’ to adjudicate claims of unconstitutionally drawn districts, with one exception, drawing districts to favor white voters (e.g., diluting concentrations of black or brown voices into majority white districts).
A brief recent history: In 1986, the Supreme Court ruled that the federal courts could hear challenges to how congressional districts were drawn, however, the court offered no standards. Some years later in 2004, the Supreme Court ruled there were no “judicially discoverable or manageable standards.” The conservative court inches it way toward legalizing partisan gerrymandering.
In 2019, in Rucho v. Common Cause, the Supreme court ruled that federal courts could not hear claims of partisan gerrymandering because they – the court — could not articulate any standard by which to judge partisan gerrymandering. Out of very thin air, they could invent the legal fiction that President Trump is immune from crimes committed for official acts, but these Harvard and Yale legal brains are damned clueless as to how to fix the scourge of gerrymandering. This legal punt basically legalizes partisan gerrymandering no matter how egregious, at least at the federal court level. State courts can still hear cases, nonetheless.
To make matters worse, the Rucho decision gave states a “partisan” get-out-of- constitutional jail card for race-based gerrymandering. In 2024, South Carolina drew racially gerrymandered congressional districts. The South Carolina NAACP sued. South Carolian argued it was not racial gerrymandering, but ‘partisan’ gerrymandering. In a 6 to 3 decision, the Supreme Court agreed with South Carolina and let the racially drawn maps stand.
After Texas redrew its congressional districts after Trump requested it do so, The League of United Latin American Citizens sued. A federal district court, after 9 days of testimony and review of thousands of documents, concluded that Texas illegally redrew the congressional districts based on race. In a shadow docket ruling, however, the Supreme Court, overturned the district court and said Texas could use the newly drawn maps.
The reasons given by the Supreme Court’s were: 1) The District Court failed to “honor the presumption of legislative good faith;” 2) The District Court did not produce a viable alternative map; 3) It was too close to the election to redraw the redrawn congressional maps. My only response: What the fuck! I did not know there was a ‘legislative good faith’ exemption to unconstitutional laws.
So, there you have it. Go out and vote. And vote Yes.
Discover more from Bumpass Prose and Politics
Subscribe to get the latest posts sent to your email.
