Michigan professor proposes forcing Virginia Supreme Court justices into early retirement at 54

Virginia Democrats have embraced a proposal from Michigan State Law Professor Quinn Yeargain to force the entire state Supreme Court into early retirement. Yeargain outlined the plan on Substack after the court rejected a Democratic redistricting effort that aimed to reduce Republican representation.

Yeargain called for a 'simple – and lawful – solution: Send the entire court into early retirement.' He proposed setting a mandatory retirement age of 54 for Supreme Court justices, the age of the youngest justice, Stephen McCullough, who joined the majority opinion. The current retirement age stands at 73, a number Yeargain dismissed as arbitrary. Democrats would make the change take effect immediately, regardless of justices' terms.

The Virginia Supreme Court ruled the Democratic plan unconstitutional and wholly unprecedented in the state's history. It described the state's position as 'a story of the tail wagging the dog that has no tail.'

Democratic activists and pundits have promoted the idea following the court's decision. Sen. Tim Kaine, D-Va., criticized the timing of the ruling, but the opinion noted that Democrats and the Commonwealth had requested a delay until after the election.

Yeargain's proposal would allow Democrats to appoint new justices. Republicans and independents in Virginia, including those opposed to Gov. Abigail Spanberger's support for the redistricting, view such moves as a power grab.

Democratic strategist James Carville has advised against public discussion of court expansion plans. He said of increasing Supreme Court justices from nine to 13, 'Don’t run on it. Don’t talk about it. Just do it.'

Harvard's Ryan Doerfler and Yale's Samuel Moyn have called for replacing the U.S. Supreme Court, arguing it is illegitimate. Yeargain's Virginia plan reflects similar calls to alter courts for political advantage.