Virginia Democrats are searching for a way to revive a voter-approved congressional redistricting amendment after the state Supreme Court struck it down Friday — and one psychotic proposal circulating among party allies is to force the entire court into early retirement.
The idea, floated after the court invalidated a temporary constitutional amendment adopting new congressional districts, would rely on a little-noticed provision of the Virginia Constitution giving the General Assembly broad power to set mandatory retirement ages for judges.
Article VI, Section 9 says lawmakers may require justices and judges to retire after reaching a “prescribed age,” regardless of the term to which they were elected or appointed. Current law sets that age at 73. The proposed maneuver would lower the retirement age for Supreme Court justices to 54 — the age of Justice Stephen McCullough, the youngest member of the majority that rejected the amendment — and make the change effective immediately.
If enacted, the move would push every sitting justice off the court. Democratic lawmakers could then fill the vacancies with new justices, who could be asked to rehear the case and potentially reverse the ruling before November’s elections.
Supporters of the idea argue it would be legal because the constitution does not set a minimum retirement age or otherwise limit the legislature’s authority. They also note that Virginia already allows some public employees to retire with partial pension benefits at 55 after five years of service.
But the plan would mark a dramatic escalation in the fight over redistricting and judicial power. Rather than challenging the ruling through ordinary legal channels or pursuing a new amendment, Democrats would effectively change the composition of the state’s highest court in direct response to a decision they oppose.
That would invite immediate accusations of court-packing, institutional retaliation and raw partisan hardball. Even if technically lawful, the proposal would almost certainly be attacked as an attempt to override judicial independence by rewriting the rules after an unfavorable ruling.
The timing is also central to the strategy. Virginia’s constitution normally delays when new laws take effect, but budget bills can take effect upon passage. Because the legislature has not yet passed its biennial budget, advocates say the retirement-age change could be inserted into that package before the June 30 deadline.
The result would be a high-stakes constitutional confrontation: Democrats would claim they are defending the will of voters, while opponents would argue they are dismantling the court to win a redistricting fight.
This just shows that the Democrats will do whatever it takes to steal power for themselves. They have no respect for our nation’s institutions. Republicans must remain on guard and use every avenue to defeat these monsters that is possible.
