Force the VA Supreme Court into retirement?

[Takket]

Is this just a fantasy or can Democrats actually pull this off?

https://www.the-downballot.com/p/how-virginia-democrats-can-overturn

Virginia Democrats are looking for a way to overturn the state Supreme Court’s Friday decision invalidating the constitutional amendment temporarily adopting new congressional districts that a majority of voters ratified last month. They have a simple—and lawful—solution: Send the entire court into early retirement.

Article VI, Section 9, of the Virginia Constitution gives the legislature unlimited authority to set the retirement age for judges. It specifies, “The General Assembly may also provide for the mandatory retirement of justices and judges after they reach a prescribed age, beyond which they shall not serve, regardless of the term to which elected or appointed.”

Current law sets the mandatory retirement age at 73: “Any member who attains 73 years of age shall be retired 20 days after the convening of the next regular session of the General Assembly following his seventy-third birthday.”

This number is arbitrary. States around the country with similar laws mandate retirement across a wide range of ages. Virginia lawmakers can simply lower theirs. Make it 54 for Supreme Court justices—the age of the youngest justice, Stephen McCullough, who joined the majority opinion—and make it take effect immediately.

[standingtall]

1. I think if Democrats try this it would likely head to the U.S. Supreme Court

And the constitutionality of mandatory retirement ages will challenged. Not an expert there may some States that have mandatory retirement ages for some professions, but I know there are also State that had mandatory retirement ages declared unconstitutional by their Supreme Courts. So I don't think this would hold up against the conservative U.S. Supreme Court. The U.S. Supreme Court would get involved in this and very quickly I'd. Just like they did in 2000 to stop the recount in Florida which was Florida election law at the time.


I think the better option would be to simply ignore the Courts ruling and say the Virginia Supreme Court assumed a power it doesn't have by misinterpreting the State. The people who can make and unmake constitutional amendments have that authority not the court.

[LetMyPeopleVote]

2. A Private Call Reveals Democrats' Desperation Over Tossing of Map (NYT gift article)

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

During a private discussion on Saturday that included Democratic House members from Virginia and Representative Hakeem Jeffries of New York, the minority leader, the lawmakers vented anger at their defeat at the Virginia Supreme Court, spoke about a collective determination to flip two or three Republican-held seats under the existing map and discussed a bank-shot proposal to redraw the congressional lines anyway, according to three people who participated in the call and two others who were briefed on it.....

Any plans to enact a new congressional map for this year’s 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 state’s 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 delegation’s 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 month’s referendum — including replacing the state’s 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.”

“It’s an all-hands-on-deck moment, and it’s 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. “We’re 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.

[Polybius]

3. So the poor Justices that voted to keep the gerrymander have to retire too?

I don't like it at all.