
by Emilio Jaksetic
On December 5, 2025, Paul Goldmanโs โOutfoxing Judge Thomas: An Alternative Redistricting Strategy for VA Democratsโ was posted on Baconโs Rebellion. Mr. Goldman presented a strategy that he claimed could avoid potential legal barriers to efforts by Virginia Democrats to amend the Virginia Constitution to return the redistricting authority to the General Assembly and allow it to change Virginiaโs Congressional Districts before the 2026 elections.
In this article, I will discuss Mr. Goldmanโs proposed strategy (hereinafter โthe proposed strategyโ) and explain why it is legally flawed.
The proposed strategy relies on a combination of three elements:
(1) reliance on a single passage of Virginia Constitution, Article II, Section 6;
(2) a claim that the broad, comprehensive nature of the General Assemblyโs legislative power gives it the inherent authority to (a) hold hearings to develop testimony that shows the current Congressional Districts are โunfair,โ (b) issue a declaration that the Congressional districts are
โunfair,โ and that the General Assembly has the right and duty to fix the problem; and (c) then โpresent a bill creating the new fair districts meeting Section 6 requirements for Governor Spanbergerโs signature soon after her inaugurationโ; and
(3) the claim that โ[b]y precedent, a federal court is therefore obligated to adopt this GA legal position on Section 6 since a Virginia state court would do likewise.โ
I will address each element in turn, and explain why these elements fail to provide legal support for the proposed strategy.
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