Virginia’s Supreme Court heard oral arguments in the “ten fucking one” gerrymandering case. I hope, but won’t predict, that the lines will be thrown out.
The democratic process of proposing and voting on an amendment to Virginia’s constitution was not followed. Constitutional restrictions on special sessions of any legislature are an important guardrail against tyranny. Perpetual special sessions are unconstitutional. Virginia’s General Assembly met for a Special Session in October, which was not called by the governor, nor voted on by 2/3 of the legislature. Democrats in power just kept another session going so that, as they argue, they could do anything they wanted.
Virginia restricts special sessions for work on budgeting, filling vacancies (often judicial appointments) and other housekeeping matters like honoring the High School sports champs and other commemorating resolutions. Again, Constitutional restrictions on special sessions of any legislature are an important guardrail against tyranny and we can see why.
The most absurd point I heard during oral arguments was in regard to early voting. Never mind the legal arguments on defining the terms and when an election begins and what early means, let’s discuss risk. When a voter casts their ballot before Election Day they assume a certain degree of risk. Campaigns call a late breaking negative story on a candidate an October Surprise, which can come in many forms such as a recent or old DUI or an extra-marital affair, just to give two examples. Such risk is evident and indisputable. But the argument may hinge on the degree of risk assumed.
The lawyer representing the gerrymanders claimed the legislature having a special session and proposing something as big as a constitutional amendment to redraw every congressional district in the commonwealth is the same, in terms of risk assumed, as a candidate committing a DUI. That’s absurd. An amendment, any amendment, is not a risk, that’s work. That’s what we vote on. The personal life saga of any elected official is too hidden to ever know the full story. The assumption of the risk to early voters stops at the line between personal and professional. There are no professional October Surprises during early voting. I doubt any voter could reasonably understand assuming risk to the degree that literally anything could happen. And Virginia Democrats illustrated that that anything does in fact include a constitutional amendment that redraws every congressional district. Surprise!
An amendment to the Virginia Constitution is supposed to be a drawn-out, lengthy process to make sure that citizens and their representatives are well-informed. No constitutional amendment is supposed to be a surprise.
Throw the new lines out. “Ten fucking one” is as unconstitutional as it is obnoxious.