RedState reported Sunday on the sheer desperation that has set in among Democrats at the state and congressional levels after the Virginia Supreme Court ruled on Friday that the process state Democrats used to put their gerrymander referendum on the ballot was a violation of Virginia's Constitution.
This effectively nuked the Democrats' plan to implement a new map that potentially would net them another four seats in the upcoming 2026 midterm elections, which would have made the congressional delegation 10-1 Democrat-Republican.
Perhaps the most extreme of the measures that, per The New York Times, were being considered during a meeting Saturday that included House Minority Leader Hakeem Jeffries (NY-08), was to have "Democrats in Richmond lower the mandatory retirement age for state Supreme Court justices... from 75 to 54," a plan that, if seen through, would force out every justice currently sitting on the state Supreme Court. Afterwards, they conceivably would use their power to "then fill vacancies on the court with sympathetic Democratic lawyers."
READ MORE: Democrats Plot Coup Against Virginia Supreme Court in Redistricting Fight
Unfortunately for Democrats, the brakes have been slammed on the various plots they were cooking up by none other than Virginia State Senate Majority Leader Scott Surovell (D-Fairfax), according to reporting from the Virginia Scope's Brandon Jarvis:
It is not happening
Surovell, the top Democrat in the state Senate, told Virginia Scope Monday morning that these drastic measures will not be taken.
Surovell said that the time restrictions at the Department of Elections make the notion impractical.
He also said forcing the retirement of Supreme Court justices would be extreme, and he wants to work within the existing legal system when fighting against Republicans.
Speaker of the House Don Scott, D-Portsmouth, has not responded to a request for comment.
Regarding the tight timeline Democrats would be under:
In a court filing on April 23, Virginia Commissioner of Elections Steven Koski wrote that any changes to the district maps would have to happen before May 12, which is this Tuesday, in order for the Dept. of Elections to be able to have time to prepare for midterms. pic.twitter.com/oGKhFyofgq
— Brandon Jarvis (@Jaaavis) May 10, 2026
The Virginia primary is on August 4th, with early in-person voting going from June 19th through August 1st.
To further expand on how batcrap crazy the plans floated over the weekend are, check this out:
Again - Democrats are considering firing 2 black Virginia Supreme Court justices - including the first black woman to ever serve on the Court…
— Matt Whitlock (@MattWhitlock) May 10, 2026
So that white 3x loser Dan Helmer can have an easier district to run in. https://t.co/0ShErlVXtB pic.twitter.com/AmKpvxWfFZ
Ethics and Public Policy Center's Ed Whelan also shared how their crazy idea to dump the current Virginia justices would have had to have worked:
The Virginia constitution provides one means for removing judges: impeachment by the House of Delegates, followed by conviction by 2/3 of the Senate. The idea that the Virginia legislature could remove state supreme court justices by lowering the mandatory retirement age and applying that lower retirement age to *existing* justices is bonkers. And a majority (perhaps all) of the Virginia supreme court justices would rule that such a measure violates the state constitution.
The Virginia constitution provides one means for removing judges: impeachment by the House of Delegates, followed by conviction by 2/3 of the Senate. The idea that the Virginia legislature could remove state supreme court justices by lowering the mandatory retirement age and… https://t.co/47Hd0N4Bmh
— Ed Whelan (@EdWhelanEPPC) May 11, 2026
Anderson and Associates attorney Tim Anderson, a former GOP House of Delegates member, wrote this on X:
My mailbox is full from many of you concerned that the Democrats may actually try to retire the Virginia Supreme Court to pack it with activists who will reverse the redistricting decision. They will not do that. Primarily even if they wanted to, they are out of time.
The Department of Elections commissioner said in an affidavit that May 12 is the point of no return. Whatever maps they are using cannot be modified after May 12.
So even if the Democrats really attempted to try this ill-gotten plan, they would have to do it all before the end of the day tomorrow. It just can’t happen.
There is no appeal to SCOTUS. There is no packing the court. The redistricting amendment is dead. All we are watching is desperation manifest itself as the Democrats come to grip that there is no way to flip the House of Representatives this year.
My mailbox is full from many of you concerned that the Democrats may actually try to retire the Virginia Supreme Court to pack it with activists who will reverse the redistricting decision. They will not do that. Primarily even if they wanted to, they are out of time.
— Tim Anderson (@AssocAnderson) May 11, 2026
The… pic.twitter.com/Fhu9qsKEOh
Bless their hearts.
Editor’s Note: The 2026 Midterms will determine the fate of President Trump’s America First agenda. Republicans must maintain control of both chambers of Congress.
Please help RedState continue to report on the Democrats’ radicalism and inform voters as our nation faces a crossroads. Join RedState VIP and use promo code FIGHT to receive 60% off your membership.
Join the conversation as a VIP Member