Spring Cleaning: Vote YES

Gardens have been used as metaphor for ages and even has a starring role in many religions. Many early modern political commentators invoked gardens, for instance, that democracy was a garden that needed tending to thrive.  And we know some gardens harbor snakes.

Tending my garden is a year’s long endeavor, but spring is my favorite time.  It’s a time of renewal and growth, bumblebee queens seek the brilliant yellow dandelion flowers — a critical food source – while perennials begin to poke their heads up.  Weeds start to reappear as well, like the dreaded bindweed.  You must get them early, ripping them out root and all, before the flowers turn to seeds.  However, as any gardener who has dealt with bindweed knows, it is a war of attrition.  

A noxious bindweed has invaded our government, and Congress is an untended garden, overrun with weeds and invasive species of autocracy, blocking out America’s native species of the rule of law, equal rights, and the doctrine of coequal branches of government.  It is time to weed Congress and relocate some of the slithering critters lurking in dark crevices.  Voting YES to redistrict Virginia’s congressional districts is one way.  Time is essential as the last day to vote is Tuesday, April 21.

I am imagining by now most registered voters in Virginian have voted in the referendum to draw new congressional district maps.  Tuesday is your last day to vote, so, if you have not yet voted, do so.  A YES vote is one for sanity and restoring our national social contract.  Ensuring that Congress stands up to and reins in a corrupt and malevolent president.  The current House of Representatives is a disaster.  For those in Central Virginia’s 5thCongressional District, this November we will have the opportunity to vote out Rep. John McGuire, a Trump vassal.  

If the disastrous war of choice against the Iranian people is not convincing enough, Trump’s self-appointment and deification as God’s prophet and latter-day Jesus, should get you across the finish line and vote YES.  

Redistricting Virginia is not my preferred course of action, but if I am to ever have a voice in Congress again, I feel strongly, redistricting is my only option at this time. I acknowledge the paradox of gerrymandering Virginia to elect more Democrats while arguing that democracy is in trouble. I get it. Trump’s direct order to Republican governed states to redistrict crossed a line, however.  Many states obeyed Trump.  An eye for an eye, right? Virginia Republicans have only themselves and Trump to blame.  You thought you “owned the libs.” But when you whack a hornets’ nest often enough…… You get my point. If you are angry at what the Democrats are doing in Virginia, write Trump at the White House and tell him he screwed you.    

You can tell this referendum has got the MAGA folks up in arms, almost literally.  Vote NO signs are more plentiful than dandelions in Louisa County.  When I was up in Northern Virginia a few weeks ago, there was a small rally at the intersection of Routes 29 and 50 in Fairfax at 9 AM on a weekday.  They were animated.  We need to respond with similar commitment and get the YES vote out.

In addition, the Republicans on-line and streaming ad campaign is desperate.  The latest version is a video that portrays Governor Spanberger as an arsonist burning down a barn; replete with sinister narration claiming the redistricting is a ruse to take away guns, impose higher taxes, and give welfare to illegal immigrants.  That last claim about welfare is usually made by a “Virginia Farmer” in a dead pan pitch. That is rich, given the billions of tax dollars flowing into farmers’ pockets to offset rising costs to operate farms due to Trump’s tariffs and his war against Iran.  They sense they are losing, I think.

Let’s work together and start tending the garden of democracy once again.  If you have not voted yet, please do so, and vote YES.

Break Glass in Emergency: Vote Yes by April 21 in Virginia’s Redistricting Referendum

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.