The Supreme Court of Virginia’s ruling in the redistricting dispute last week turned on the technical process by which Virginia can amend its constitution. Some political analysts see ghosts of Virginia's racist past in the ruling and the praise of it.
“This is Virginia and this is the Virginia Way," said House Republican Minority Leader Terry Killgore praising the Supreme Court of Virginia for siding with Republicans in their challenge to Democrats’ effort to redraw congressional lines.
The phrase “the Virginia Way” is sometimes used to describe a collegial, deliberative nature of the General Assembly. But it dates back to the Jim Crow era. A Richmond News Leader editorial from 1926 described it as such, quote: “The separation of the races is not to be assured by sweeping statutes, but by sound public sentiment.”
“The Virginia Way” was later enshrined into law during Massive Resistance, the state’s move to avoid integration of schools in the 1950’s by closing them altogether. And one of Massive Resistance’s allies was then-Culpeper Delegate French Slaughter Jr.. Other efforts officials backed included a poll tax in most state and local elections, allowing teachers to break contracts if their schools integrate, and a push to block sit-ins and pickets by blacks.
Slaughter was also quoted in Justice Arthur Kelsey’s opinion that found flaws in the process Democrats used to set up the 2025 referendum. The opinion cited Slaughter’s 1969 defense of the amendment process: “'The reasoning behind this,' Delegate Slaughter stated… 'is that Constitutions should not be changed lightly.'”
The references don’t surprise Virginia State University Political Science Professor Wes Bellamy, who noted that Black voters helped push the Yes vote to a 3-point win.
“Policy has often been used to prohibit Black and minority progression in the Commonwealth of Virginia,” Bellamy told Radio IQ. "I understand that Slaughter was a very complex individual. But we also shouldn't sanitize that those policies were designed to again block Black progress."
But Democratic Senate Majority Leader Scott Surovell pushed back on any inferred connections to the state’s darker past.
“Arthur Kelsey is a very good writer, he has an interesting perspective, but he’s also very conservative," he said. "Sometimes I agree with him and sometimes I don't.”
"I don't think race had anything to do with the date of, how you define the term election in the constitution," the Fairfax Senator added.
Bellamy said he hopes Virginia's Black community keeps showing up like they did for the referendum.
"I think that Black folk will have to remind themselves that we've seen these systems play out like this time and time before. But that doesn't mean that progression isn't on the other side of this fight," he said. "And in order for us to get to that potential place, we've got to continue to fight."
Attempts to reach Delegate Kilgore for clarity on his use of the "Virginia Way" were not returned.
Virginia Democrats have since asked the U.S. Supreme Court to intervene in the redistricting case. A Republican response is due Thursday.
