Virginia Judge Appointed by Warner Strikes Down Democrat-Backed Redistricting Referendum

A judge appointed by Sen. Mark Warner when he was Virginia governor helped derail the Democrat-backed redistricting referendum that Warner had supported.

Warner, a Democrat from Virginia, endorsed the referendum and donated $100,000 to the campaign pushing it. Voters approved the measure in April, but on Friday, the Virginia Supreme Court struck it down in a 4-3 decision. Judge D. Arthur Kelsey, whom Warner appointed to the Court of Appeals in 2002, wrote the prevailing opinion.

The ballot measure would have given Democrats a strong edge ahead of November's midterm elections. Democrats outspent Republicans to pass it. Kelsey ruled that the timing of the referendum vote violated the state constitution, which calls for an intervening election between the legislature's first and second passage of a proposed constitutional amendment.

Warner served as Virginia governor from 2002 to 2006. He elevated Kelsey from a Suffolk circuit judge to the Court of Appeals. Kelsey completed two terms there before a Republican-led legislature named him to the state Supreme Court in 2015.

At the time of the appointment, Warner called Kelsey a judge with "a keen intellect, a strong work ethic and a commitment to equal justice," according to Virginia Lawyers Weekly. "Although I had not met Judge Kelsey before this process began, I have spoken to him at length, reviewed his numerous opinions and consulted with those who know him well," Warner said then.

After the Supreme Court ruling, Warner issued a statement saying he respected the decision. He added that "it’s impossible to ignore that more than three million Virginians already cast their ballots on the amendment and deserved to have their voices heard."

A Warner spokesperson referred Fox News Digital to the statement when asked if the senator viewed the ruling as fair.

Warner also said in the statement, "Donald Trump assumed he could tilt the playing field and lock in political advantage before a single ballot was cast. But Virginians are paying attention. They want leaders who will protect their rights, defend their freedoms, and actually focus on lowering costs and getting things done. Democrats will still show up this November, we will still compete everywhere, and when the votes are counted, Virginians will send a strong message about the kind of leadership they want."

Kelsey's opinion stated that the Democrats' proposed map would replace Virginia's current 6-5 congressional split "with a highly partisan gerrymandered map" set to yield a 10-1 advantage for one party. It noted that about 47% of voters for one party from the last congressional election would hold just 9% of Virginia's U.S. House seats, while 51% for the other party would hold 91%.

Gov. Abigail Spanberger said Friday she was "disappointed" with the decision. "More than three million Virginians cast their ballots in Virginia’s redistricting referendum, and the majority of Virginia voters voted to push back against a President who said he is ‘entitled’ to more Republican seats in Congress with a temporary and responsive referendum. They made their voices heard," she said.

"I am disappointed by the Supreme Court of Virginia’s ruling, but my focus as Governor will be on ensuring that all voters have the information necessary to make their voices heard this November in the midterm elections because in those elections we — the voters — will have the final say," Spanberger added.