Democrats Decide the Virginia Supreme Court is a "Threat to Democracy"
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In this episode of 'Making the Argument with Nick Freitas,' the host delivers a fiery critique of the Virginia Democratic Party's reaction to a Virginia Supreme Court ruling that invalidated a controversial gerrymander. The court, in a 4-3 decision authored by Justice Arthur Kelsey, found the process for amending the state constitution unconstitutional—specifically due to the timing of the referendum during an ongoing intervening election, the use of partisan language, and failure to provide adequate notice. Despite the court's legal reasoning rooted in constitutional process, Democrats reacted with outrage, calling the decision a 'threat to democracy.' Freitas argues that their response—planning to lower the mandatory retirement age for Supreme Court justices from 73 to 54, retire all current justices, and replace them with liberal appointees—is not a defense of democracy but a naked power grab. He contrasts this with the principle of a constitutional republic, where laws and processes matter more than the will of the moment. The episode also critiques Democratic judicial philosophy as activist and outcome-driven, in contrast to originalist interpretation, and warns that if Virginia succeeds in packing the court, it will set a dangerous precedent for other states. Freitas underscores the hypocrisy in Democrats claiming to uphold the 'will of the people' while violating constitutional procedures to achieve it, and warns that this erosion of legal tradition threatens the very foundation of American governance.
The Virginia Supreme Court ruled the gerrymander process unconstitutional due to procedural violations, not partisan bias.
Democrats are planning to lower the retirement age for Supreme Court justices to 54 to replace the entire court, a move critics call 'court packing'.
The ruling was based on constitutional process, not political outcome—violating the requirement for an intervening election and proper notice.
Democrats used $64 million in campaign spending and held a special election mid-April to pass the amendment, undermining the integrity of the process.
Judicial philosophy matters: Democrats favor outcome-based interpretation; conservatives favor originalism and textualism.
…and 3 more takeaways available in PodZeus
Democrats React with Fury to Virginia Supreme Court Ruling
“Democrats are furious. So Democrats all got together and said, look, we don't like this decision. We think it's wrong. We think it's horrible. We hate Donald Trump. But we're going to go ahead and follow the process. Oh, wait, no, that's not what they did at all.”
The Constitutional Violations Behind the Gerrymander
Freitas breaks down the procedural flaws in the gerrymander process: holding a referendum during an ongoing intervening election, using partisan language, and failing to give clerks 90 days to publish ballot language.
The 'Will of the People' vs. the Rule of Law
“You don't get to violate the will of the people in order to uphold the will of the people. You get to follow the processes because we're supposed to be a nation of laws, not men.”
Court Packing and Judicial Philosophy
“If you have a justice that thinks that will be the proper legal outcome is Democrats getting what they want. How was a conservative ever supposed to make an argument that a bill violates the Constitution when the Constitution can be instantly rewritten in the mind of a judge to achieve whatever they want?”
The Hypocrisy of Democratic Accountability
Freitas calls out Democrats for ignoring constitutional rules while claiming to defend democracy, citing examples from Louisiana, Tennessee, and California to show that other states follow their own constitutions.
“The moment they stack the court the way that they're going to try to and the moment they do something blatantly unconstitutional and we appeal to Article 1 Section 13 of the Virginia Constitution which covers your right to own guns. They're going to say oh no, no, no. The Supreme Court's decided Article 1 Section 13 doesn't mean what it's meant for you have decades upon decades upon decades. No, it doesn't mean that anymore. It means this now.”
“If you have a justice that thinks that will be the proper legal outcome is Democrats getting what they want. How was a conservative ever supposed to make an argument that a bill violates the Constitution when the Constitution can be instantly rewritten in the mind of a judge to achieve whatever they want?”
“The Constitution is not something that they uphold as this cherished document, this series of both law and traditions which govern the way our society operates. They don't look at it that way.”
Host
Nick Freitas
person
Virginia Supreme Court
organization
Virginia Constitution
other
Arthur Kelsey
person
Suha Subramanian
person
Brave Books
organization
Tennessee
place
Antonin Scalia
person
Louisiana
place
American Financing
organization
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