Can anyone make the Virginia ruling make sense?

by BPH, San Diego, Friday, May 08, 2026, 08:55 (17 days ago)

Saw the headline, but I can’t bring myself to read the story because it’s going to enrage me too much. Good Lord, what a striking contrast with the concurrent moves by Tennessee and South Carolina, rubber stamped by SCOTUS, to obliterate the political power of black voters in those states.

It's a process thing

by Publicola, Friday, May 08, 2026, 11:23 (17 days ago) @ BPH

Like some states, VA requires that proposed amendments be passed by a majority of both legislative chambers on two separate occasions: the first is the original approval, but then it has to be voted on again after the next general election. If it is again approved by both chambers, then the amendment proposal is submitted to voters for approval/rejection.

The intervening election requirement is meant to ensure changes to the constitution are considered, among other things. In principle, it can make that general election a referendum (of sorts) on amendment proposals: if the legislature is trying to sneak an amendment into the constitution, you have the chance to vote the bums out in the general election and put in candidates who will oppose the amendment proposal in the post-election legislative vote. In Virginia's case, this requirement is arguably redundant since the popular vote on the amendment proposal is an actual referendum on that proposal.

The basic argument from the majority of the court is that the legislature approved the amendment proposal too close the general election and at a time when many Virginians had already cast early ballots. This means those voters couldn't shape their electoral choices with the amendment proposal in mind. So it disenfranchises them in that they didn't have a chance to vote in favor of candidates who would vote against the proposal in the post-election legislative re-vote.

The problem with this argument is that the people aren't meaningfully disenfranchised because they get to vote on the actual amendment proposal -- if they are unhappy with it, they can vote against it. But this boils down to an amendment process that is a bit janky. The intervening election requirement seems unnecessary in light of the direct vote on the amendment. The court probably could have thought more about the intention behind the intervening election requirement and arrived at a different conclusion. But that probably would have involved some interpretive creativity. Besides, the intervening election requirement at least arguably serves a purpose other than merely providing an opportunity to voice disapproval of the amendment proposal.

Thanks, that's helpful

by BPH, San Diego, Friday, May 08, 2026, 11:39 (17 days ago) @ Publicola

So Virginia can go back to the well in 2028, by which time a counterbalance to red states running roughshod over the rotting corpse of the VRA will be even more essential?

My hope is that this year, despite the GOP recently gaining the upper hand in the redistricting wars, the white-hot anger over Trump and the war and the cost of living will be enough to carry the day anyway.

Indeed. Look to IA of all places to be a huge battleground

by Joe I @, Friday, May 08, 2026, 11:43 (17 days ago) @ BPH

this November. Governor, US Senate, and 3 of the 4 US House races look like they'll be competitive. People are finally starting to wake up, and they're getting pissed.

From The Atlantic, today: https://archive.ph/8dMAC#selection-705.190-705.200

Tariffs are killing farmers

by Jack @, Friday, May 08, 2026, 12:44 (17 days ago) @ Joe I

And before Trump in 2016, Iowa was considered part of the “blue wall”.

Things could swing right back over time. And in the 2018 midterms, 3 of the 4 congressional districts went to the Democrats (Iowa has a very effective anti-gerrymandering law, incidentally).

There was a discussion and explanation a few weeks back

by Dave @, Memphis, TN, Friday, May 08, 2026, 09:29 (17 days ago) @ BPH

Meanwhile Florida is like a horror funhouse mirror of VA.

by domer.mq ⌂ @, Friday, May 08, 2026, 09:17 (17 days ago) @ BPH

- No text -

--
Sometimes I rhyme slow sometimes I rhyme quick.

Florida has created a conservative US History course

by Bryan (IrishCavan), Howth Castle and Environs, Friday, May 08, 2026, 09:24 (17 days ago) @ domer.mq

to rival AP, which all public FL universities must accept for credit. I can't wait to get the details of the bullshit they'll be teaching in that course.

How did Florida get so right wing since 2012?

by Jack @, Friday, May 08, 2026, 10:31 (17 days ago) @ Bryan (IrishCavan)

Old curmudgeons moving into the state? It used to be the quintessential swing state.

2020 played a big part

by Aaron (Shakespeare), Friday, May 08, 2026, 11:34 (17 days ago) @ Jack

Florida went for Obama in 2012 but swung hard red in the ten years that followed. Part of it, ironically, was an influx of immigrants. Cubans voted in bigger numbers than the state had ever seen in 2016, and Cubans are more right-leaning than most other minority groups.

2020 really cemented it in a way that that makes it hard to imagine a Dem winning the state in the next decade-plus; their laissez-faire attitude towards Covid brought lot of new people to the state, encouraged snowbirds to take up permanent residency, etc. The rightward shift has coincided with an overall increase in population; since 2000 Florida has increased from 25 electoral votes up to 30, which I believe is the biggest shift of any state over that time frame.

powered by my little forum