Virginia Supreme Court's gerrymandering ruling creates unfair double standard favoring Republicans
Source: Alexis Romero. "Virginia Supreme Court thrusts America into the worst-case gerrymandering scenario.." May 8, 2026. slate.com
The Gist
The author argues that Virginia's highest court wrongly overturned a voter-approved plan to redraw congressional districts that would have helped Democrats. The court used bad legal reasoning and created an unfair system where Republican gerrymandering is allowed but Democratic responses are blocked.
Conclusion
The Virginia Supreme Court's decision to strike down Virginia's counter-gerrymandering map creates a dangerous one-sided legal standard that allows Republican gerrymanders while blocking Democratic responses, threatening democratic fairness
Premises
- Virginia voters democratically approved a counter-gerrymandering ballot measure by 100,000 votes to counterbalance Republican gerrymanders in states like Texas
- The Virginia Supreme Court used a legally flawed interpretation of 'general election' to overturn this voter-approved measure, defining elections as starting with early voting rather than Election Day
- The court's reasoning contradicts both Virginia constitutional text (which defines general election as 'on the Tuesday after the first Monday in November') and Supreme Court precedent
- This decision creates an asymmetric enforcement pattern where courts treat Republican gerrymanders with 'kid gloves' and Democratic gerrymanders with 'brass knuckles'
- Recent Supreme Court decisions have already allowed Republican gerrymanders in Texas and Louisiana while the Virginia court blocks Democratic counter-measures
- The October legislative vote that the court objected to did not affect the 2025 election at all, making the court's concern about early voters irrelevant
Assumptions
- Democratic counter-gerrymandering is a legitimate response to Republican gerrymandering
- Courts should apply consistent legal standards regardless of which party benefits
- Voter-approved measures should carry significant democratic weight
- The current trend toward one-sided gerrymandering enforcement threatens democratic institutions