Democratic Lawyer Marc Elias Raises Power to Eliminate the Virginia Government in Response to the Gerrymandering Decision

(MSNBC/via YouTube)

Democratic lawyer Marc Elias appears to believe that Democrats do not need to stop at simply sacking and packing the Virginia Supreme Court in response to the adverse ruling on the radical gerrymandering plan. Elias reminded Democrats that they could eliminate the entire Virginia government under the state constitution.

The demand for radical action was prompted by the Virginia justices, including one appointed by then-Democratic governor Mark Warner, who found the Democratic effort unconstitutional. It does not matter that leading Democrats, including Gov. Abigail Spanberger, also believed that the Democrats could be found in violation of the state constitution in pushing forward with the controversial effort to virtually extinguished Republican representation in the purple state.

The adverse decision has resulted in the same demands for radical institutional changes from some of the same voices pledging to pack the United States Supreme Court once they retake power, to guarantee they never lose it again.

Elias responded to the loss by invoking language from Article I of the Virginia Constitution itself:

“whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.”

That is his response to a well-reasoned decision of unconstitutionality of a redistricting plan. We can scrap the entire Virginia government.

It is another example of the “by any means necessary” culture of the left today. There is no institution or value that is sacred. This is why I recently wrote about the rise of “the new Jacobins” in my book Rage and the Republic, lawyers and law professors rationalizing the trashing of the Constitution and our institutions to achieve their political goals.

Elias has long been controversial for his tactics.

It was Elias who was the general counsel to the Clinton presidential campaign when it secretly funded the infamous Steele dossier and pushed the false Alfa Bank conspiracy. (His fellow Perkins Coie partner, Michael Sussmann, was later indicted but acquitted).

Clinton campaign officials denied any involvement in the Steele Dossier. When journalists discovered after the election that the Clinton campaign hid payments for the Steele dossier as “legal fees” among the $5.6 million paid to Perkins Coie, they were reportedly stonewalled. The campaign was ultimately sanctioned by the Federal Election Commission for the subterfuge.

New York Times reporter Ken Vogel said at the time that Elias denied involvement in the anti-Trump dossier. When Vogel tried to report the story, he said, Elias “pushed back vigorously, saying ‘You (or your sources) are wrong.’” Times reporter Maggie Haberman later wrote that “Folks involved in funding this lied about it, and with sanctimony, for a year.”

Elias’s group later unsuccessfully led efforts to challenge Democratic electoral losses.

In Maryland, Elias’s team supported another abusive gerrymandering scheme that a court found not only violated Maryland law but the state constitution’s equal protection, free speech and free elections clauses. The court found that the map “subverts the will of those governed.”

One media site accused Elias and his group of “making millions off gerrymandering efforts” while publicly denouncing Republican gerrymandering.

In 2024, Elias’s legal team was also accused of pushing “to bar third-party presidential candidates — including Cornel West — from swing state ballots where they might siphon votes from the Democratic nominee [Kamala Harris].”

Likewise, the New York Times reported that Elias’s firm’s work “on behalf of a Soros-funded PAC in Texas…was opposed by a left-leaning election watchdog as undermining laws intended to limit the influence of major donors.”

His group’s work for New York redistricting was ridiculed as not only ignoring the express will of the voters and also effectively negating the votes of Republican voters.

In 2024, the Chief Judge of the Western District of Wisconsin criticized the Elias Law Group for one of its challenges. Judge James Peterson (an Obama appointee) said that the argument “simply does not make any sense.”

Now, Elias is reminding Virginians that they can respond to an opposing court decision by eliminating some or all of the Virginia state government.

It is the logic of the Jacobin. As discussed in my book, the Framers sought to prevent democracy from becoming mobocracy by rejecting more direct democratic powers. They tried to temper the passions of democracy in moments like this.

There is nothing new about these voices, like that of Elias, in fueling radical impulses. They are the same voices and arguments that have long been heard in this country. We have long rejected them and this year will celebrate the 250th anniversary of our Independence. However, as Benjamin Franklin warned us and now Elias has reminded us, we must fight to keep this Republic.

Jonathan Turley is a law professor and the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

185 thoughts on “Democratic Lawyer Marc Elias Raises Power to Eliminate the Virginia Government in Response to the Gerrymandering Decision”

  1. I read this far and no more–“It is another example of the “by any means necessary” culture of the left today. There is no institution or value that is sacred. This is why I recently wrote about the rise of “the new Jacobins” in my book Rage and the Republic, lawyers and law professors rationalizing the trashing of the Constitution and our institutions to achieve their political goals.” My stomach started turning, so I couldn’t read any more of today’s serving.

    Turley: you’ve literally become laughable in your sad efforts to project onto Democrats what Trump and MAGA have done and are doing to the United States of America. Talk about trashing the Constitution and that “there is no institution or value that is sacred”–that literally defines Trump and MAGA. Let’s start with the lying Trump employed to get the power he abuses–MSNOW ran a compilation video of Trump’s promises on the 2024 campaign trail–over and over again, Trump promised that gas, energy and grocery prices would immediately drop when he took office. Lie! He had NO plan for how to do this, and, in fact, inflation is higher than it has been in years–and Trump lies about that, too. Gas prices are due to the stupid war he lied about after promising “no new wars”, and we are the laughingstock of the world. He promised full disclosure of the Epstein file–another lie! He denied knowing anything about Project 2025. Another Lie! He immediately began implementing it on day one–180 Project 2025 Executive Orders were signed–he didn’t even know what he was signing. From “Wikipedia” (numbers to citation references left in place for your convenience in fact-checking):

    “The project’s policy document Mandate for Leadership[7] calls for the replacement of federal civil service workers by people loyal to “the next conservative president” and for taking partisan control of the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), the Department of Commerce (DOC), and the Federal Trade Commission (FTC).[8] Other agencies, including the Department of Homeland Security (DHS) and the Department of Education (ED), would be dismantled.[9] It calls for reducing environmental regulations and realigning the National Institutes of Health (NIH) with conservative priorities.[10] The blueprint seeks to reduce taxes on corporations, institute a flat income tax on individuals,[11] cut Medicare and Medicaid,[12][13] and reverse as many of President Joe Biden’s policies as possible.[14][15] It proposes banning pornography,[16] removing legal protections against anti-LGBT discrimination,[17][18] and ending diversity, equity, and inclusion (DEI) programs[6][18] while having the DOJ prosecute anti-white racism.[19] The project recommends mass deportation of illegal immigrants.[20][21][22] The plan also proposes enacting laws supported by the Christian right,[23][24] such as criminalizing the sending and receiving of abortion and birth control medications[25][26][27] and eliminating coverage of emergency contraception.[12]”

    Every one of these things has been or is being implemented.

    How about Trump attacking news media when they publish something he doesn’t like, including using the FCC to threaten broadcast licenses and suing newspapers and non-MAGA media? How about using the DOJ to go after his perceived enemies, and all of the late night rant tweets, the profanity, insulting reporters, especially women, who dare to question lies he tells? How about ignoring the Trust for Historic Preservation and Congress and tearing down part of the White House (after lying about private donations covering the cost, but now, demanding that taxpayers foot the bill), and painting the reflecting pool some ugly swimming pool blue, to the tune of $13 million. How about wanting to build a vanity arch that no one wants? Polls proved that Americans strongly opposed Project 2025, so Trump just lied about it being his agenda, and then enacted it anyway. I don’t have room to cover all of the corruption, the conflicts of interest, the gifts from foreign governments, the pay-to-play scandals, profiteering off of the presidency and the utter incompetence of his cabinet. There are literally no ethics rules in this administration, but Turley says it is Democrats who do not hold sacred “any institution or value”. That is a joke! Then, there’s all of the scientific research, school lunch programs, child care and health insurance subsidies that were cancelled. Yesterday, Trump said this (from “Forbes”)”

    “President Donald Trump said he isn’t motivated by Americans’ financial situations “even a little bit” when negotiating a peace deal with Iran, insisting he is only concerned with preventing Iran from getting ahold of a nuclear weapon, despite rising inflation, skyrocketing prices for energy and gasoline and shortages of materials needed for popular consumer goods.”

    Iran NEVER HAD a nuclear weapon or the ability to lauch it against the US, according to our own intelligence. It wouldn’t be an issue except for Trump tearing up the JCPOA because it was a crowning achievement of Barak Obama, of whom he is insanely jealous. TRUMP DOES NOT CARE EVEN A LITTLE BIT about the suffering of the American people.

    So now, Turley is complaining because citizens in Virginia who voted for redistricting in response to Trump commanding red states find him more seats to try to prevent the citizens of America from voting Repoublicans out, are trying to circumvent the Republican-led state Supreme Court that struck down the will of the people in favor of redistricting on a technicality. Tell us, Jon, WHY shouldn’t the citizens of Virginia use “any means necessary” when political hacks like those on the VA Supreme Court strike down the will of the people on a technicality AFTER Trump has already gotten Texas and other red states to gerrymander to try to help him keep Republicans in power, knowing that he and they are historically unpopular and all of the lies he told to get into office? In Texas and other red states, the Republican-led Legislature didn’t even allow the citizens a voice in whether to redistrict–they just did it. At least in Virginia, the people spoke. They continue to speak.

  2. “whenever any government shall be found inadequate . . .” (Elias quoting the VA Constitution)

    He wants Virginia to secede from itself.

    I got nothin.

    1. And with far leftists Democrats, by their words and actions, they are trying to undermine the Constitution, rule of law and by any means necessary to ensure Republican never win a election again. They seek one party rule. Theirs.
      That is with out a doubt, the most un-Constitutional rule of law, un-Democracy (which the proclaim to be defending), un-Republic form of government they are promoting.
      The rest of us call that tyranny.
      And we are not accusation them of that. THEY say it, out loud, all by themselves by their words and actions.
      We and the good professor are just pointing it out.
      Why do not you address that?

    2. Democrats dedication to lies reminds me of the crazy women who fall in love with incarcerated murderers.

    3. Your comment makes no sense other than to point out you are an insane liberal that hates (fill in the blank here).

  3. Darren or even the good professor,
    Might be a interesting paper or book?
    Take all the comments, crunch the numbers, see how often all the annonys, the Georges/Sleezevez/X, Dennis, Gigi’s and do a break down of how many times they have been right vs wrong against the good professor or in general politics, law.
    Something tells me it would not bode well for them. 🙂
    Could also be insight into the far leftist Democrat party and their failures. Perhaps their downfall. Wouldn’t that be nice!

  4. Operation Economic Fury in full swing and Xi finally gets it. Trump and Xi are BFF’s now.

    1. You really have no idea of diplomatic relations. It’s amazing that people are so willing to show their ignorance to all right here

    2. Emperor Ping must be feeling the sting of the oil squeeze. No more easy juice from Iran. That’s a pretty strong card Trump holds.

  5. Dems are the ultimate sore losers. They don’t just take their ball and go home though, they nuke our orderly civilization.

  6. AI Overview

    Under standard Western and U.S. protocol, the President does not greet a visiting head of state at the airport. Instead, the President waits to receive them at the official host residence (such as the White House).

    1. @Anonymous

      Are you capable of an original thought? Way to rehash. This is the future, unless we intervene, folks: people that cannot think on even a basic level without being plugged in. With smart glasses poised to become a thing, they may not even to be able to process what they see without assistance.

      Nobody sentient cares what an algorithm regurgitated based on preexisting data in the database spit out. Unplug and think something new.

      1. James,
        Not that I am defending the annony, but he does have a point. There is a protocol when it comes to visiting heads of state. Even the arrangement of flags behind heads of state in a joint conference or press meeting (my wife nearly joined the diplomatic corps, had to take a few tests). She is currently visiting with family or I would of consulted with her and made a comment myself.

      2. Please debate the subject; shooting the messenger does little good, though it may serve as salve for the narcissist.

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