The courts and the Virginia referendum: redux
Why was the lower court in Virginia so quick to rule the referendum unconstitutional? This wasn’t the referendum’s first rodeo through the Virginia court system; it had been ruled unconstitutional in a lower court before. See this article from February 2026:
A Tazewell County Circuit Court judge on Thursday granted an emergency injunction blocking what Republicans call an unlawful April 21 redistricting referendum while the case is heard in court.
Chief Judge Jack Hurley issued a temporary restraining order barring state and local election officials from moving forward with the planned vote. The move handed the plaintiffs in the case — the Republican National Committee, the National Republican Congressional Committee and U.S. Reps. Ben Cline, R-Botetourt County, and Morgan Griffith, R-Salem, — a brief reprieve in a high-stakes fight that could reshape Virginia’s congressional map ahead of the midterms.
It was the Virginia Supreme Court that lifted Hurley’s order and let the vote proceed, without ruling on the merits at all, thereby postponing a decision on the merits. But that set up a probable bias to rule it constitutional if the voters went for “yes,” which they did. Constitutionality shouldn’t be affected by that, but it sometimes is.
Who was the judge who issued the stay yesterday? You guessed it: Judge Hurley once again. No wonder he was ready with his ruling; it probably echoed what he’d said back in February. The real question is what the Virginia Supreme Court will now say. Will they refuse to buck the “will of the people”?
Oh, and note in that article I just linked that Hurley is being excoriated as an “activist judge” by the left. Pretty funny, considering how they adore their own activist judges:
Virginia Attorney General Jay Jones said the ruling from an ‘activist judge’ will immediately be appealed by his office
You remember Jay Jones, don’t you? The guy who wanted the GOP Speaker of the Virginia House at the time shot and killed, and wanted the Speaker’s children shot and killed? Yes, that Jay Jones, who won his election and is now the august AG of Virginia.
https://x.com/i/status/2047336514485457008
See link for 2:45 video clip
sdferr:
I would be very surprised to see a 7-0 ruling. But I sure hope he’s right.
There ought to be a 7-0 ruling, but I doubt it.
Like all government officials, the Virginia S.C. Justices take an oath of allegiance to the US Constitution. A failure to rule that this redistricting is clearly unconstitutional would in effect be a declaration that disenfranchising nearly half of Virginia’s voters is not unconstitutional… As such, such a ruling would also be in fact, a violation of their Oath of Office. The DOJ should prosecute every judge who is in clear violation of that oath.
It’s happening ” the Left gainsaying itself” the Left doesn’t care!
@Geoffrey Britain:the Virginia S.C. Justices take an oath of allegiance to the US Constitution.
Doesn’t matter in this case. The US Constitution does not tell states how to draw their districts. Now, they should rule that it violates the Virginia Constitution, but unfortunately state Supreme Court justices have ruled their own constitutions to be unconstitutional before. If the Virginia Supreme Court lets this go there’s probably nowhere to go for relief.
a declaration that disenfranchising nearly half of Virginia’s voters is not unconstitutional
They’re not “disenfranchised” just because they’re not in a district where the majority agrees with them. Hyperbole doesn’t do any good here, neither does trying to use the argument the Dems use against our gerrymandering. The issue is not what the result was, it was if the process was or wasn’t followed. Voters can amend their state constitutions in all kinds of damned-fool ways and frequently do; they can’t be protected from themselves unless you want to get rid of voting.
The measure was passed by election fraud like every other election controlled by the lying, cheating election stealing shit bags.
Chases Eagles: “lying, cheating election stealing shit bags.”
Don’t go so easy on them.