Virginia Democrats are taking their fight to the U.S. Supreme Court after the state Supreme Court blocked their attempt to push through a controversial redistricting referendum during the middle of a 45-day voting period.
Led by Attorney General Jay Jones, Democrats are arguing that even though voting lasts 45 days, only the official “Election Day” should legally count as the election itself. Critics say the strategy allowed Democrats to force a gerrymandering measure onto the ballot after more than 1.3 million Virginians had already voted.
The Virginia Supreme Court rejected that argument, warning it would mean early voters “unknowingly forfeited” their constitutional rights by not predicting last-minute political maneuvering from lawmakers. The court also ruled that an election includes the entire voting period — not just one day at the end.
Legal experts expect the U.S. Supreme Court to reject the emergency petition, with former Virginia Attorney General Ken Cuccinelli blasting the effort and joking that some elected officials may need “remedial civics classes.”
Even legal analysts skeptical of the case say Democrats are unlikely to succeed, especially since Chief Justice John Roberts has not granted the emergency stay Virginia requested.
For many Americans, the case is another reminder that some politicians seem perfectly comfortable changing the rules mid-game — as long as it benefits their side. Thankfully, the courts still appear willing to recognize that voters who cast ballots early are, believe it or not, still voters.