Virginia Democrats want to oust Supreme Court justices due to obstruction of justice
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After the Virginia Supreme Court threw out the results of the latest Democratic attempt to completely eliminate Republican representation in the state, Democratic scholars and activists have latched onto Michigan State Law Professor Quinn Yeargain’s proposal to crush the court by forcing the resignation of current justices, appointing liberal activists, and reversing the opinion. It’s telling that some are pushing for green muscle play to retake power in Washington, especially because of calls to pack the United States Supreme Court once the party is back in control.
The Fair Maps Rally was held in front of the US Supreme Court on Tuesday, March 26, 2019 in Washington, DC. (Sarah Voisin/Getty Images)
Professor Yeargain announced on Substack that “there is a simple – and legal – solution: Send the entire court into early retirement.” Under the plan, Virginia Democrats would adopt an absurdly low retirement age in a gut-and-pack plan: Yeargain suggested they could impose “mandatory retirement for judges and justices after they reach a certain age, beyond which they cannot serve, regardless of when they were appointed.”
The current retirement age is 73.
Yeargain dismisses that number as “absurd” and says Democrats only need to “Make it 54 Supreme Court justices — the age of the youngest justice, Stephen McCullough, who joined the majority opinion — and make it work quickly.”
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The fact that such an abusive plan is described as “simple” has taken the idea of years of indignation. I recently wrote a column in which I warned that “a reversal of party fortunes could lead to an even more dangerous system” where Democrats seek to pack the Supreme Court.
In the unlikely event that this could pass the General Assembly (I think there are still some things some Democrats won’t do), it would be difficult to engineer before the midterm elections, given the potential challenges. However, the tendency of some to try such methods is sad.
I noted that Virginia demonstrated how “an independent court can unravel well-laid plans.” Various politicians and scholars have advocated radical changes in the political system to ensure that the party retains power indefinitely. They agree, however, that the Court is likely to declare these measures unconstitutional unless they first rule on the packaging system.
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The new proposal for a gut-and-pack plan is even more insulting and cruel. Ironically, the Virginia Supreme Court declared the Democrats’ redistricting effort not only unconstitutional but “unprecedented in Virginia history.”
It described the state’s position as “a case of the tail wagging the tailless dog.”
The response of Yeargain and Democratic Alliance activists now suggests shooting the dog and adopting a politically modified breed of puppy born to use it.
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Such strong propositions are undermined by open disinformation. Pundits often fail to mention that Democrats previously held states like Illinois, Massachusetts and New York while claiming the right to win by any means necessary.
Others simply deny the truth. Sen. Tim Kaine, D-Va., lashed out at the Virginia Supreme Court and demanded to know why they waited so long to determine whether there were significant flaws in the Democratic plan.
Sen. Tim Kaine, D-Va., speaks to reporters as he enters the Senate Chamber on December 11, 2025 in Washington, DC. Two controversial health care bills aimed at avoiding rising health care premiums have failed. (Andrew Harnik/Getty Images)
Kaine has never read opinion or sought to mislead voters. The idea is all about timing, which means that it is the Democrats and the Commonwealth who want the court to wait to make a decision on the merits until after the election. After “successfully” demanding that delay, they now accuse the Court of doing something wrong in doing what they wanted.
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Significantly, the gut-and-pack system casts aside any pretense of routine. The Democrats will simply adopt a ridiculously low retirement age just to fill the court with honest, robotic judges. The fact that academics and various experts can clearly espouse such a view is another striking reminder of the growing radicalization of the left.
These are the “new Jacobins” discussed in my book Rage and the Republic, figures that echo the radical ideas or methods used in France before what became known as “The Terror.” “Any way” has become a rallying cry on the left.
Law professors Ryan Doerfler of Harvard and Samuel Moyn of Yale urged the nation to “return America to the constitution.” Last December, they published a column titled “Time to Admit That the US Supreme Court Is Illegal and Must Be Changed.”
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Democratic strategists know that the public will not approve of these measures.
Democratic strategist James Carville said matter-of-factly, “They’re going to recommend that the number of Supreme Court justices go from nine to 13. That’s going to happen, folks.” He added recently, “Don’t run from it. Don’t talk about it. Just do it.”
What stands out about Virginia’s proposal is that it is being pushed openly and recklessly. Democrats realize they have already split half of Virginia. Republicans and independents will not forget that all the major Democrats in their state, including Gov. Abigail Spanberger, they want to erase their political presence. It’s not one sided, it’s personal.
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In destroying the bridges to cross the voters in the Kabwezane region, what remains is raw political brutality. You have to drop and pump in search of strong action to take power. At that time, there is no court or holy institution due to social and political changes.
It’s all part of the Nike School of Constitutional Law: Just do it.
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