Dear Friends and Virginians:
Saturday was a historic day as Abigail Spanberger was sworn in as the 75th Governor of the Commonwealth, our first female Chief Executive.
Within minutes of taking office, the Governor issued a number of Executive Orders which rolled back Republican initiatives and implemented an aggressively Democratic agenda. To the victor go the spoils.
True leadership, of course, is rising about partisanship to do what’s right for the people. Very few leaders in America have that type of moxie.
Abigail Spanberger can be one of them.
The 2026 General Assembly has already passed a proposed constitutional amendment, HJR 4, which would replace the 2020 constitutional amendment on “Bi-partisan Redistricting,” which Virginia votes passed by a 2-1 margin, with a “flex version” designed to maximize Democratic gains in the 2026 mid-terms.
The “flex version” comes into play if “any state,” regardless of size, context or partisan leanings, decides to draw a new Congressional map. (Presumably, California qualifies as “any state” — so the threshold is already met). The bottom line is that HJR 4 is intended to render Virginia’s “non-partisan redistricting” law a dead letter, before it reaches its fifth birthday.
There are some Assembly Democrats who never supported redistricting — and so they get a pass. Otherwise, this is a cynical and shallow move, especially if the referendum is held in April so as to limit turnout to partisan activists.
The Governor does not vote on a constitutional amendment: only the Assembly. However, she has to approve two key pieces of legislation: the first to set the referendum’s voting date, the second to actually change the State Code.
In either case, the Governor could veto the bill, thereby killing the amendment. In doing so, she would send a resounding message: There’s a new Sheriff in town and the partisan games are over.
It wouldn’t hurt her one bit with the voters. And it would make her a national voice of logic and courage in the era of Trump-driven insanity.
Stay tuned.
JCP Notes: Lots of upcoming appellate arguments in the coming weeks, including before the United States Fourth Circuit on January 28th and the Virginia Court of Appeals on February 24th. Finally, my long-standing “direct payment” case will finally be heard by the Virginia Supreme Court in early March. Hoping for a clean sweep.
Meanwhile, I finished a very chilly 10k on January 3rd along the GW Parkway. Finished 2nd place in my age group. (It was a small field) Feels good to be alive.
Peace,
Chap