Virginia Democrats reportedly discussed a dramatic proposal to remake the state Supreme Court after the court struck down a redistricting referendum that would have reshaped the state’s congressional map ahead of the 2026 midterm elections.
According to The New York Times, Democratic lawmakers and political figures raised the idea during a Saturday conference call following the Virginia Supreme Court’s 4-3 ruling against the voter-approved redistricting plan on Friday.
The proposal would lower the mandatory retirement age for Virginia Supreme Court justices from 75 to 54, immediately forcing all sitting justices off the bench and allowing Democratic officials to appoint new members to the court.
Democrats currently control both chambers of Virginia’s legislature in Richmond, meaning such a proposal could theoretically advance through the General Assembly if party leaders united behind it. Newly appointed justices could then potentially rehear the redistricting dispute and issue a different ruling favorable to Democrats.
The state Supreme Court ruled Friday that the Democratic-backed redistricting initiative violated Virginia’s constitution because the amendment was added to the ballot after early voting had already begun.
The proposed congressional map was widely viewed as politically motivated, with Democrats believing it would create as many as four additional U.S. House seats.
Virginia Democratic Rep. Suhas Subramanyam reportedly supported taking aggressive action to preserve the maps, including replacing state Supreme Court justices.
“Everyone has got to have a strong stomach right now; this is a complete disaster waiting to happen if people are timid,” Subramanyam told The New York Times.
“We have Republican states ignoring their constitutions and interrupting early voting and ignoring their Supreme Courts all together. We know based on that, Republicans would explore every single option possible to move this forward,” he added.
Subramanyam’s office did not publicly respond to requests for additional comment.
The reported proposal immediately intensified debate over judicial independence and partisan battles surrounding redistricting nationwide. Critics argued that replacing sitting justices in response to a single ruling would amount to court manipulation for the purpose of securing favorable political outcomes.
Any legislation lowering the retirement age for Virginia Supreme Court justices would ultimately require approval from Democratic Gov. Abigail Spanberger. Spanberger has not publicly commented on the proposal.
Before the court’s ruling, Spanberger supported the revised congressional districts.
The dispute marks the latest chapter in an increasingly aggressive national fight over redistricting, voting rules, and judicial power as both parties prepare for what is expected to be another fiercely contested election cycle.
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