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General Assembly Could Decline to Reappoint Justice Kelsey

  • Jun 21
  • 2 min read

Democrats in the General Assembly will soon have the opportunity to change the partisan makeup of the Virginia Supreme Court, should they choose to do so. Del. Dan Helmer, D-Fairfax, argued that Kelsey did not respect the Constitution of Virginia when he led the Court in nullifying the popularly supported redistricting referendum, and thus, he should not be reappointed when his term expires in January 2027.  



Other Democrats are more hesitant to “say the quiet part out loud”, as it may appear imprudent to make public comments on jurists at this time, months before any decision is due. Speaker Don Scott, D-Portsmouth, has assured us that the General Assembly would go through a “thoughtful, sober-minded” process as per usual when considering Kelsey’s possible reappointment next year. Senate Majority Leader Scott Surovell, D-Fairfax, said the judicial reappointment process will carry on the way it always has — though he did not rule out possible reforms or removing Kelsey from the court. 


Opting to decline to reappoint a sitting Justice would be unusual, although during Governor Terry McAuliffe's term, the Republican-controlled Virginia General Assembly declined to reappoint then-interim justice Jane Marum Roush to the Virginia Supreme Court in 2015. Still, making partisan judicial rulings, as in the redistricting decision, lacks historical precedent, so a decision not to reappoint Justice Kelsey may be necessary to restore the Court’s traditionally nonpartisan basis. 



If you have an opinion on whether or not Justice Kelsey should be reappointed next January, you may wish to contact your General Assembly members now to voice your concerns.


Click here to contact your Delegate: https://house.vga.virginia.gov/members

Click here to contact your State Senator: https://apps.senate.virginia.gov/Senator/index.php


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