1. United States
  2. Va.
  3. Letter

One Judge Cannot Overrule Three Million Voters: That's Not Democracy

To: Del. McClure, Sen. Favola, Gov. Spanberger

From: A constituent in Arlington, VA

May 9

I am writing after the Virginia Supreme Court's 4-3 decision striking down the redistricting referendum that more than three million Virginians voted to approve on April 21. I am angry. I suspect you are too. But anger without action is just noise, and I am not writing to make noise. I am writing to ask what you are going to do about it: concretely, immediately, and on the record. The court did not rule that redistricting is wrong. It did not rule that voters were wrong. It ruled, 4-3, on a procedural question: whether "general election" under the Virginia Constitution includes the early voting period or only Election Day itself. The majority said early voting counts. The three dissenting justices, led by Chief Justice Cleo Powell, said the majority "broadened the meaning of the word 'election'" beyond its constitutional meaning. That is the margin by which three million votes were nullified. One justice. One word. One interpretation. Attorney General Jones did not mince words: the court "put politics over the rule of law." House Speaker Scott called it "court-shopping, plain and simple." I agree with both of them. And I note that this ruling arrives as Republicans in Florida, Tennessee, Alabama, and Louisiana are redrawing their own maps mid-decade under explicit encouragement from the president, and that those maps face no such procedural scrutiny from Republican-appointed courts. What I am asking you to do: First: appeal. University of Richmond constitutional law professor Carl Tobias acknowledged that an appeal to the U.S. Supreme Court faces obstacles: the late term, the approaching elections, the Court's reluctance to second-guess state constitutional interpretation. He also said it may be possible, and that "this is an important case." Appeal anyway. Make them say no. Force the U.S. Supreme Court to either take the case or let the ruling stand on the record. Do not let the procedural obstacles be your excuse for inaction. Second: introduce emergency legislation. The Virginia Senate already passed SB769 to repeal the 90-day postage requirement at the center of this ruling. The House did not take it up. Take it up now. Put every Republican on record voting against fixing the very procedural technicality they weaponized in court. Make them own it. Third: begin the amendment process again. Yes, it takes time. Yes, it requires passing through two General Assembly sessions with an intervening election. Start now. Virginia voters approved this referendum. They will approve it again if you give them the chance. Begin the process today so that the next opportunity does not slip through the same procedural cracks. Fourth: say clearly, and loudly, what this ruling means in context. Republicans are redistricting across the country to lock in a House majority for the rest of the decade. The president has explicitly encouraged it. The U.S. Supreme Court has weakened the Voting Rights Act. And now a 4-3 court has erased the votes of three million Virginians on a question of when early voting starts. This is not a neutral procedural dispute. It is a coordinated effort to use every lever of institutional power to override the will of voters. Name it. Say it out loud, in public, every day. A word about what I expect from you and why I am genuinely afraid. I have watched the pattern. Statements are issued. Court losses are absorbed. "We respect the decision" is said with appropriate gravity. And then normal business resumes, with the faint promise that we'll try again next cycle. I understand the rule of law. I am not asking you to defy a court ruling. I am asking you to exhaust every legitimate remedy available to you with the urgency this moment demands, not with the measured pace of an institution that has the luxury of time. You do not have that luxury. The midterms are in November. The maps that will govern those elections are now the maps that were drawn before Virginia voters weighed in. Every day of procedural patience is a day the other side uses to cement an advantage they could not have won at the ballot box. There is a reason your opponents fight this hard through the courts, the legislature, the redistricting commissions, the attorney general's office, the federal judiciary, and the RNC's amicus briefs simultaneously. They understand that democracy is not defended by a single vote or a single lawsuit. It is defended by fighting on every front, all the time, without rest. Now I need to say something that is very hard for me to write. I am writing it because I am scared, and because I think you need to understand how scared people like me are right now. I am a center-left independent and a researcher. I believe in institutions. I believe in courts, in elections, in the slow, imperfect machinery of democratic governance. I have spent this past year writing letters to you and my federal representatives because I believe that civic engagement is how change happens in a democracy. The letter. The vote. The petition. The peaceful, lawful channel. That is what three million Virginians did on April 21. They showed up. They used the system exactly as designed. And four judges erased it on a question of whether "election" means Election Day or the early voting period that precedes it. This did not happen in isolation. It happened while a president wages an unauthorized war and calls it a targeted operation. While federal agents kill American citizens on American soil in circumstances that bystander video, independent investigators, and state prosecutors say contradict the federal government's own account. While the Voting Rights Act is gutted. While maps are redrawn across six states to lock in a congressional majority the voters did not explicitly grant. While the groundwork is laid to invoke the insurrection act and charges of treason against political opponents. The message being sent to ordinary Americans, day after day, is consistent and clear: your participation is tolerated, but it is not determinative. You may vote. You may petition. You may write letters. And when the outcome displeases the powerful, they will find a way to undo it. The American founders understood this emotional logic. "No taxation without representation" sounds like a slogan. It was actually a breaking point, the moment when colonists who had spent years petitioning through lawful channels concluded that those channels were a fiction designed to exhaust them. What I am afraid of is subtler and, I think, more certain than anything dramatic. I am afraid of the people who voted on April 21 and will not vote again. I am afraid of the constituent who called their delegate's office after the ruling and was told there was nothing to be done. I am afraid of the person who concludes, rationally, based on the available evidence, that participation is a performance the powerful tolerate until it inconveniences them, and then stop participating. That erosion, quiet, individual, invisible, is what ends democracies. Not a single rupture, but a slow hemorrhage of people who tried and stopped. What I know is this: the pressure has to go somewhere. It will either go into the courts, the legislature, the ballot box, the peaceful channels you have the power to keep open and meaningful, or it will find other outlets. You are not responsible for everything that is broken right now. But you are responsible for this. You have remedies available. You have tools. You have standing to fight. The people who voted on April 21 are watching to see if any of that matters, if their representatives will treat their erased votes as the emergency they are, or absorb this loss like all the others and move on. I am one of those people. I am asking you,not demanding, not threatening, genuinely asking, to fight like this is the moment it is. Please. What are you going to do?

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