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Republicans Don't Need to Win Elections Anymore. They Just Need Their Judges.
https://www.motherjones.com/politics/2026/05/republicans-dont-need-to-win-elections-anymore-they-just-need-their-judges/The redistricting news for Democrats has gone from bad to worse.
A week after the US Supreme Court effectively destroyed the Voting Rights Act, opening the door to Southern states invalidating majority-Black districts across the South, the Virginia Supreme Court on Friday overturned a redistricting referendum approved by voters last month that was expected to net Democrats four new US House seats.
These two decisions by conservative-dominated courts now put Democrats at a significant disadvantage in the gerrymandering arms race launched by Donald Trump last summer when he ordered Texas to gerrymander five new Republican seats.
With the passage of the Virginia map, Democrats had mostly succeeded in reaching a draw with Republicans in the redistricting wars. But with the Virginia map overturned and Southern states—including Tennessee, Louisiana, Alabama, and South Carolina—rushing to pass new maps before the midterms, Democrats could face a four to five-seat disadvantage heading into November, according to Amy Walter of the Cook Political Report. While that is not insurmountable in a wave election—and Democrats could still pick up two seats in Virginia under the existing map—it gives Democrats little margin for error in the effort to take back the House.
In the 4-3 decision, the Virginia Supreme Court ruled that the April referendum violated the state Constitution because amendments must be passed twice by the legislature, with an election in between. The first time they passed it was after early voting started, so it doesn’t count. “This constitutional violation incurably taints the resulting referendum vote,” the court wrote, “and nullifies its legal efficacy.”
A week after the US Supreme Court effectively destroyed the Voting Rights Act, opening the door to Southern states invalidating majority-Black districts across the South, the Virginia Supreme Court on Friday overturned a redistricting referendum approved by voters last month that was expected to net Democrats four new US House seats.
These two decisions by conservative-dominated courts now put Democrats at a significant disadvantage in the gerrymandering arms race launched by Donald Trump last summer when he ordered Texas to gerrymander five new Republican seats.
With the passage of the Virginia map, Democrats had mostly succeeded in reaching a draw with Republicans in the redistricting wars. But with the Virginia map overturned and Southern states—including Tennessee, Louisiana, Alabama, and South Carolina—rushing to pass new maps before the midterms, Democrats could face a four to five-seat disadvantage heading into November, according to Amy Walter of the Cook Political Report. While that is not insurmountable in a wave election—and Democrats could still pick up two seats in Virginia under the existing map—it gives Democrats little margin for error in the effort to take back the House.
In the 4-3 decision, the Virginia Supreme Court ruled that the April referendum violated the state Constitution because amendments must be passed twice by the legislature, with an election in between. The first time they passed it was after early voting started, so it doesn’t count. “This constitutional violation incurably taints the resulting referendum vote,” the court wrote, “and nullifies its legal efficacy.”
Even if Democrats — and democracy — can win out in spite of all of this, these are factors that need to be thought about in considering how to deal with what comes after.
— Chris Geidner (@chrisgeidner.bsky.social) 2026-05-08T16:47:01.323Z