Virginia Supreme Court rejects Democratic redistricting scheme — and a Maine Democrat's response reveals a telling double standard

 May 9, 2026 
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The Virginia Supreme Court struck down a Democratic-backed congressional map Friday in a 4-3 ruling, finding that state lawmakers violated the Virginia Constitution's amendment process when they pushed a redistricting referendum onto the ballot. The decision wiped out a map that analysts projected could have handed Democrats a lopsided 10-1 advantage in the state's congressional delegation, and the reaction from the left was immediate, loud, and deeply revealing.

Graham Platner, a Democratic candidate for U.S. Senate in Maine, took to X within hours of the ruling to float a striking suggestion. Rather than accept the court's decision, Platner pointed to Ohio Republicans as a model for simply ignoring judicial orders on redistricting.

The Hill reported that Platner wrote on X:

"I'm old enough to remember when Republicans in Ohio just ignored court rulings repeatedly and did it anyway."

Set aside the factual merits of Platner's Ohio comparison for a moment. The posture itself is worth examining. A Democratic Senate candidate, reacting to a state supreme court ruling he dislikes, publicly floated the idea that his party should follow the example of defying court orders. This from the same political coalition that has spent years lecturing the country about threats to democratic norms, the sanctity of judicial independence, and the rule of law.

What the Virginia court actually ruled

The Virginia Supreme Court found that Democrats did not follow proper procedures when pursuing midcycle redistricting. The state constitution requires proposed amendments to pass the legislature twice, with a House of Delegates election in between. The Washington Free Beacon reported that Justice D. Arthur Kelsey wrote that the amendment process was fatally flawed because the General Assembly advanced the proposal after early voting had already begun, meaning more than 1.3 million votes had already been cast before the constitutional procedure was complete.

Kelsey's opinion laid out the problem in plain terms: early voters "unknowingly forfeited their constitutionally protected opportunity to vote for or against delegates who favor or disfavor amending the Constitution by not anticipating a legislative vote on a constitutional amendment four days before the last day of voting."

The court declared the referendum "null and void." The Just The News account of the ruling quoted the court writing that "this constitutional violation incurably taints the resulting referendum vote and nullifies its legal efficacy." The decision preserves Virginia's current congressional map, which was drawn by court-appointed special masters after the post-2020 census redistricting commission deadlocked.

The stakes were enormous. The invalidated map would have shifted Virginia's delegation from a 6-5 Democratic edge to as many as 10 Democrats and just 1 Republican. In a U.S. House where control hinges on a handful of seats, that kind of swing matters nationally.

The pattern of Democrats treating courts as legitimate only when rulings go their way has become a recurring theme in American politics. When the judiciary blocks a progressive priority, the institution itself is suddenly suspect.

Virginia Democrats vow to fight on

Virginia Attorney General Jay Jones, a Democrat, issued a statement Friday signaling that his office would not simply accept the ruling. Jones framed the decision in sweeping terms:

"This Court's ruling follows a dangerous trend of tilting power away from the people. My team is carefully reviewing this unprecedented order and we are evaluating every legal pathway forward to defend the will of the people and protect the integrity of Virginia's elections."

The Newsmax report on the ruling noted that some House Democrats privately described the decision as "sickening," according to Axios. The language tells you where the party's instincts run: not toward accepting a court's constitutional analysis, but toward treating an adverse ruling as an injustice to be overcome by any available means.

President Trump weighed in as well. "The Virginia Supreme Court has just struck down the Democrats' horrible gerrymander," he said. RNC Chairman Joe Gruters stated that "the Virginia Supreme Court sided with the rule of law and struck down Democrats' unconstitutional maps."

Jason Snead, as quoted by the Washington Examiner, called the ruling "an enormous victory not just for the rule of law, but also the hundreds of thousands of Virginians who stood to be silenced by Virginia Democrats' blatantly unconstitutional power grab."

The Ohio precedent Platner cited, and what he left out

Platner's comparison to Ohio deserves scrutiny, because the facts are more complicated than a social media post allows. Ohio's redistricting saga stretched across years and involved genuine institutional dysfunction, but it also illustrates why defiance of court orders, by either party, corrodes the system.

Ohio lawmakers approved a new set of congressional lines in September 2021. The Ohio Supreme Court struck down that map in January of the following year. Legislators adopted a second version, which was also invalidated. In March 2022, the court found the replacement maps violated both its prior orders and the state constitution.

The redistricting battles over court-drawn maps and legislative defiance have played out across multiple states. Louisiana's redistricting case saw the U.S. Supreme Court take unusual procedural steps amid similar political tensions.

The Ohio Redistricting Commission was ordered to hire independent map drawers, according to the Brennan Center for Justice, which represented Ohio-based organizations and individual voters. But the legal timeline outran the election calendar. By July 2022, when the Ohio Supreme Court again ordered lawmakers to redraw congressional districts in a 4-3 decision, finding the plan "unduly favors the Republican Party and unduly disfavors the Democratic Party", primary elections had already been held under the contested lines.

The practical result: the 2022 ruling could not take effect until the 2024 elections. Ohio voters went to the polls in 2022 on maps the state's highest court had declared unconstitutional. That map created two Democratic-leaning districts, gave Republicans an advantage in 11, and left two highly competitive.

Ohio lawmakers approved a new congressional map last October. That map paves the way for a potential 12-3 GOP advantage in the state's U.S. House delegation and is expected to remain in place until 2030.

Platner is not wrong that Ohio Republicans ran out the clock on court orders. That happened. But there is a difference between describing a past failure of compliance and holding it up as a model for your own party to follow. Platner's post did the latter, and it reveals a willingness to treat the rule of law as situational.

The real double standard

The Virginia ruling landed on a political landscape already shaped by fierce arguments over judicial legitimacy. Democrats have spent years warning that Republican defiance of courts threatens the constitutional order. They have described gerrymandering as an existential threat to democracy. They have demanded that elected officials respect judicial decisions even when those decisions are unfavorable.

And yet, when a state supreme court, applying the plain text of the Virginia Constitution, blocked a Democratic redistricting maneuver on procedural grounds, the immediate response from prominent Democrats was to explore "every legal pathway forward," to call the ruling "sickening," and to cite Republican defiance of courts as a precedent worth emulating.

The accusations of hypocrisy are not limited to redistricting. Similar rhetoric has surfaced in response to other redistricting rulings that cut against progressive preferences.

The Virginia Supreme Court's reasoning was straightforward: the amendment process began after early voting had started, violating the constitutional sequence. More than 1.3 million Virginians had already cast ballots before the legislature completed the first step of the amendment process. That is not a technicality. That is a structural failure that denied voters the information they needed to make an informed choice about their delegates.

Democrats can disagree with the ruling. They can appeal. They can pursue new legislation through proper channels. What they cannot do, without forfeiting every argument they have made about democratic norms over the past decade, is openly suggest that the appropriate response to an unfavorable court order is to ignore it.

The current Virginia congressional map, drawn by court-appointed special masters, remains in effect. Democrats hold a 6-5 edge under that map. The New York Post reported that analysts estimated the struck-down map could have helped Democrats gain four additional House seats, a swing that could have reshaped the national fight for House control.

That is the real story behind the outrage. This was never about fairness or the will of the people. It was about a four-seat swing in a closely divided chamber. When the math didn't work out, the commitment to judicial authority evaporated overnight.

The broader pattern of treating courts as obstacles when they rule the wrong way has become a fixture of progressive politics. Emergency applications and urgent legal maneuvers follow every adverse decision, accompanied by rhetoric that frames the judiciary itself as illegitimate.

What happens next

Attorney General Jones has signaled that Virginia Democrats will explore further legal options. The open questions are significant. Will Democrats attempt to bring a new redistricting proposal through constitutionally compliant channels? Will they seek federal court intervention? Or will they, as Platner seemed to suggest, simply try to run out the clock or defy the ruling?

The Virginia Supreme Court opinion is available publicly. The Ohio Supreme Court's July 2022 decision is likewise on the record. Anyone can read both and draw their own conclusions about whether the situations are truly comparable, or whether Platner's comparison was designed to justify the very behavior Democrats have spent years condemning.

The rule of law is not a buffet. You don't get to pick the rulings you like and discard the rest. Democrats built an entire political brand around that principle. The Virginia redistricting fight is testing whether they ever meant it.

About Jesse Munn

Jesse is a conservative columnist writing on politics, culture, and the mechanics of power in modern America. Coverage includes elections, courts, media influence, and global events. Arguments are driven by results, not intentions.
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