The threats to our democratic-republican form of government are more numerous than weeks of this column could enumerate. While I will not mention the more obvious ones brought on by the current administration in Washington, I do want to focus on two that have come about in the recent past–one just last week. They impact all levels of government and come about not from the executive branch of government or the dysfunctional Congress but rather from the judicial branch and its highest level, the Supreme Court! While I have always viewed the Supreme Court as a safety backstop that would save our republic from harm by the Congress or the president, in recent years it is the Court that has become one of the real threats to democratic governance.
One of the biggest inhibitors of advancement on progressive issues in Virginia has been the unrestrained ability of the members of the party in power at the time of the decennial census to choose the voters they want to represent for the next decade by gerrymandering district boundaries. For some of us there has been a struggle to put in place a non-partisan method of drawing district lines. With the great organization OneVirginia2021’s efforts there has been real progress towards meeting that goal. A Constitutional amendment passed the last session of the General Assembly that would establish what is described as a non-partisan and transparent process for redistricting. It must pass the 2020 session without change in order to be sent to the voters in a referendum before becoming part of the state constitution.
In the meantime lawsuits were successful in federal courts to have the Virginia Congressional and House of Delegates districts redrawn to eliminate discrimination based on race. The Supreme Court refused to review the new House of Delegates districts drawn by a lower federal court on a technicality that the current members bringing the suit did not have standing.
Of great concern, however, is the Supreme Court decision last week saying in effect that federal courts do not have the power to redraw politically gerrymandered district lines. The outcome could be more devastating to a republican form of government as the dominant party would be left free to establish itself in power without a way to challenge it.
The Supreme Court has historically sidestepped cases in the past that would have brought them into resolving partisan redistricting. I am fearful that the Court’s decision will result in rampant gerrymandering of legislative districts creating unparalleled control of legislatures. This unfortunate decision by the Supreme Court may have been exceeded in its partisan implications only by Citizens United that many people feel may have been the Court’s greatest mistake by bringing uncontrolled corporate influence into elections.
As usual the checks, although extremely limited to these kinds of bad decisions, continue to be voting the very best people into elective office.
Ken Plum is a member of the Virginia House of Delegates.
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