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After Virginia Redistricting Map Is Tossed, Democrats Search Desperately for a Response

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After Virginia Redistricting Map Is Tossed, Democrats Search Desperately for a Response

Democrats are struggling to respond to a major redistricting setback in Virginia, with some party leaders discussing an audacious and possibly far-fetched idea for trying to restore a congressional map voided by the court but showing little indication they have a clear plan.

During a private discussion on Saturday that included Democratic House members from Virginia and Representative Hakeem Jeffries of New York, the minority leader, the lawmakers vented anger at their defeat at the Virginia Supreme Court, spoke about a collective determination to flip two or three Republican-held seats under the existing map and discussed a bank-shot proposal to redraw the congressional lines anyway, according to three people who participated in the call and two others who were briefed on it.

They did not land on a specific course forward, and Mr. Jeffries and the other members of Congress agreed to consult with their lawyers about the most prudent way to proceed, said the people, who spoke on the condition of anonymity to describe a private talk.

The conversation reflected the desperation and fury that have gripped the party after the state Supreme Court struck down a favorable map that had been ratified by voters. The most dramatic idea they discussed — which would involve an unusual gambit to replace the entire state Supreme Court, with a goal of reinstating their gerrymandered map — drew mixed reactions on the call, said the people, and it was not clear that it would even be viable, or palatable to Gov. Abigail Spanberger and Democrats in the Virginia General Assembly.

After Democrats had fought Republicans to a rough draw last month in a nationwide gerrymandering war, a pair of recent court rulings quickly gave the G.O.P. the clear upper hand in the race to redraw maps ahead of the midterm elections. Facing stiff headwinds, including President Trump’s low approval ratings and high gas prices, Republicans are looking for every advantage they can find to defy the odds and hold on to their narrow majority.

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Any plans to enact a new congressional map for this year’s midterm elections would require action in the next few days. In a court filing last month, Steven Koski, the commissioner of the Virginia Department of Elections, said any changes to the maps after Tuesday, May 12, “will significantly increase the risk” of his agency being unable to properly prepare for the state’s scheduled Aug. 4 primary election.

A spokesman for Mr. Jeffries declined to comment.

Scott Surovell, the majority leader of the Virginia Senate, declined to comment on Saturday evening. Don Scott, the speaker of the state House of Delegates, said in an interview that he had not spoken to Mr. Jeffries or members of the congressional delegation about the multistep proposal that came up in the discussion.

One key to the plan would be having Democrats in Richmond lower the mandatory retirement age for state Supreme Court justices, an idea that began circulating among state lawmakers and members of Congress after a column proposing a version of the idea was published on Friday night in The Downballot, a progressive newsletter.

Ms. Spanberger would have to sign off on any legislation that lowered the judicial retirement age. She has not been briefed on the proposal, the people involved in the discussion or briefed on it said. Her spokeswoman, Libby Wiet, declined to comment.

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The first step in the process, as discussed on the delegation’s call, would be to invoke a January ruling by a circuit court judge in Tazewell County, Va., that said the 2026 constitutional amendment effort to redraw the maps was invalid because county officials did not post notice of it at courthouses and other public locations three months before a general election.

Democrats would aim to use that ruling to seek to invalidate the earlier constitutional amendment that created the state’s independent redistricting commission by arguing that courthouses across the state did not post notice of it at the time. That would give the legislature the authority to enact a map of its choosing.

Ensuring the plan proceeds would involve the General Assembly, which is controlled by Democrats, lowering the mandatory retirement age for Virginia’s Supreme Court from 75 to 54, the age of the youngest current justice, or less. Virginia judges are appointed by the General Assembly, where Democrats hold majorities in both chambers and could then fill vacancies on the court with sympathetic Democratic lawyers.

Mandatory retirement ages are in place for judges in 32 states and Washington, D.C., according to a 2015 law review article from the Duke University Law School. The article said the most common retirement age set by states is 70.

In states such as Arizona, Georgia and Utah, Republican lawmakers have expanded state Supreme Courts in order to make them more conservative. But the Virginia proposal, which would get rid of all the sitting judges, would go considerably further.

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Former Representative James P. Moran, Democrat of Virginia, said a move to stack the Virginia Supreme Court would be “just a bridge too far” and could backfire on his party.

He said he understood that many Democrats felt that their party “needs to fight back and not just be victims of unparalleled aggression.” But, he added: “We do have to keep our credibility. We have to do things that pass the legitimacy test.”

Representative Suhas Subramanyam, a Democrat who represents Loudoun County, Va., said in an interview that he supported doing whatever was necessary to preserve the map voters approved in last month’s referendum — including replacing the state’s Supreme Court justices.

“Everyone has got to have a strong stomach right now; this is a complete disaster waiting to happen if people are timid,” said Mr. Subramanyam, who was on the Saturday call. “We have Republican states ignoring their constitutions and interrupting early voting and ignoring their Supreme Courts all together. We know based on that, Republicans would explore every single option possible to move this forward.”

On Friday, Democratic legislative leaders in Virginia signaled that they planned to appeal the state Supreme Court ruling to the U.S. Supreme Court. But some legal experts believe the state court ruling could be the final word on the matter, because it does not involve federal law or the U.S. Constitution.

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Mr. Jeffries has maintained throughout the redistricting battles over the last year that he would maintain all options for creating or preserving Democratic House districts and has said repeatedly that Democrats would employ “maximum warfare, everywhere, all the time.”

In an interview on Friday night, before his Saturday meeting with Virginia lawmakers, Mr. Jeffries said he was “exploring how to unravel this decision.”

“It’s an all-hands-on-deck moment, and it’s unprecedented in American history as far as we can tell that an actual election has been overturned by a handful of unelected judges,” Mr. Jeffries said. “We’re not going to step back, we will continue to fight back.”

Tim Balk contributed reporting.

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Sen. Lindsey Graham dead at 71 after ‘brief and sudden’ illness, office says

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Sen. Lindsey Graham dead at 71 after ‘brief and sudden’ illness, office says

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Sen. Lindsey Graham, R-S.C., died Saturday evening following a “brief and sudden” illness, according to a statement from his office.

“On the evening of Saturday, July 11, U.S. Senator Lindsey Graham passed away from a brief and sudden illness,” his office said.

“Senator Graham’s family appreciates prayers at this time and asks for privacy during this incredibly difficult period,” it continued.

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Sen. Lindsey Graham, R-S.C., speaks with reporters about aid to Ukraine, on Capitol Hill, Wednesday, March 10, 2022, in Washington. (AP Photo/Alex Brandon)

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Trump slashes wildlife protections, putting endangered California animals at risk

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Trump slashes wildlife protections, putting endangered California animals at risk

The Trump administration finalized a rollback of the Endangered Species Act on Friday, paving the way for drilling, mining and other human development across protected wildlife habitats.

The move redefines “harm” under the Endangered Species Act, the landmark conservation law that protects threatened and endangered plants and animals. For years, “harm” meant actions that injure or kill wildlife, as well as actions that destroy protected habitats.

Under the new rule, destroying those habitats is no longer illegal.

The decision aligns with the Trump administration’s ongoing effort to slash regulations in the name of economic growth. Interior Secretary Doug Burgum, whose department finalized the move, said the prior definition of harm “interfered with private property rights” and “turned routine activity into a regulatory trap.”

Environmental groups called the decision a disaster, saying it puts protected species on a path to extinction.

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The move seems especially poised to hit California, the most biodiverse state in the country, where more than 6,700 species are spread across mountains, forests, deserts and oceans. Of the roughly 2,300 species protected by the Endangered Species Act, nearly 300 are found in California.

These species include amphibians such as tiger salamanders and Yosemite toads; birds such as California condors and northern spotted owls; fish such as Little Kern golden trout and Santa Ana suckers; insects such as Franklin’s bumble bees and Mission blue butterflies; mammals such as gray wolves and Santa Catalina Island foxes; and reptiles such as desert tortoises and green sea turtles.

The Endangered Species Act is widely credited with saving the California condor, which almost went extinct in the 1980s due to several factors, including habitat destruction. Thanks to a recovery program under the act, the condor population has since soared to several hundred. But under the new law, the logging and human development that led to their near demise is now allowed.

A handful of California species recoveries have been championed as success stories under the Endangered Species Act, including southern sea otters, peregrine falcons, humpback whales, bald eagles and green sea turtles.

According to a report from the Center for Biological Diversity, the El Segundo blue butterfly lost 90% of its oceanside habitat due to the construction of LAX and beachfront housing developments. The population dwindled to about 1,000 butterflies in the 1970s, when it was named an endangered species. Now, the population has climbed above 120,000.

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In California, the rollback could pave the way for more farming, mining, logging and drilling in areas that were once forbidden due to the potential for wildlife habitat destruction. A report from Earthjustice estimates that expanded oil drilling in California could threaten five marine species including humpback whales, sea otters, leatherback sea turtles, marbled murrelets and wild salmon.

Several environmental groups are planning legal challenges to the ruling.

“For the first time ever, a presidential administration now claims that species protected by the Endangered Species Act shouldn’t be safe from habitat modification that destroys where they live, raise their young, or search for food,” Kristen Boyles, attorney for the environmental nonprofit Earthjustice, said in a statement. “Let’s be clear: there is no support for the Trump administration’s rule — no scientific support, no legal support, no public support. We will see the Trump administration in court.”

Ben Greuel, wildlife campaign manager at the Sierra Club, called the decision “an unlawful attempt to open the door for corporate polluters to degrade vitally important habitats.”

“For more than four decades, the definition of ‘harm’ recognized a simple truth: if you destroy the places wildlife need to survive, you are putting species on a path to extinction,” Greuel said in a statement.

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It’s not the first time Trump has taken aim at California environmental regulation.

Earlier this year, Gov. Gavin Newsom, along with the governors of Washington and Oregon, submitted a formal opposition to the Trump administration’s plans to expand drilling off the Pacific Coast, with Newsom saying it leads to “dead wildlife.” In June, the Trump administration ordered a review of the California Coastal Commission, claiming the state’s “environmental extremism” obstructs spaceport development and offshore oil production.

A day before the Endangered Species Act decision, the Trump administration signed off on a controversial plan to use an old oil pipeline to pump water from the Mojave Desert into cities. Environmental groups said the plan threatens springs and local wildlife, since six pumps would need to be built in desert tortoise habitats.

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Trump-aligned House holdouts accused of holding ‘life-saving’ veterans bill ‘hostage’ over SAVE America Act

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Trump-aligned House holdouts accused of holding ‘life-saving’ veterans bill ‘hostage’ over SAVE America Act

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A sweeping veterans package supporters describe as the largest expansion of veterans’ health care and benefits in more than a decade is expected to return to the House floor when lawmakers come back from the July recess, but backers warn the legislation could once again become collateral damage in the Republican standoff over the SAVE America Act.

The Take Care of America’s Veterans Act rolls roughly 60 veterans bills into a package that would dramatically expand veterans’ health care and benefits. At its core, the legislation would cement veterans’ access to community care outside the VA while increasing benefits for combat-wounded veterans, caregivers and Gold Star families, expanding mental health services and enacting dozens of additional reforms.

House Veterans’ Affairs Committee Chairman Mike Bost, R-Ill., told Fox News Digital he intends to bring the Take Care of America’s Veterans Act back for a vote as soon as the House reconvenes next week.

WASHINGTON, D.C. – MARCH 17: Eugene Simpson, 29, from Dale City, Virginia goes through physical therapy at the Veterans Affairs Medical Center in Washington, D.C. with Michael Minor, a kinesiotherapist with the United States Department of Veterans Affairs on March 17, 2006 in Washington, D.C., USA. (Photo by Jeff Hutchens/Getty Images) (Jeff Hutchens/Getty Images)

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HOUSE CONSERVATIVES DERAIL GOP AGENDA IN SAVE AMERICA ACT SHOWDOWN

The legislation was held up last month after a group of House Republicans joined Democrats to defeat a procedural vote, stopping the House from taking up the bill.

“I’m feeling good as long as my members stay with us on the rule,” Bost said. “Right now, there’s some politics being played, not about this bill, but just in general.”

The bill became entangled in a broader House Republican fight over the SAVE America Act, legislation championed by President Donald Trump that would require proof of U.S. citizenship to register to vote in federal elections.

On June 30, the House voted on H. Res. 1398, the procedural rule governing floor consideration of several bills, including the National Defense Authorization Act and the Take Care of America’s Veterans Act. The rule failed after 14 Republicans joined Democrats in opposition, preventing the House from taking up the veterans package and bringing floor business to a standstill. Rep. Anna Paulina Luna, R-Fla., claimed to have voted against the rules vote in protest against House leadership’s handling of the SAVE America Act. As a result, Speaker of the House Mike Johnson sent the members home early.

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Bost accused the holdouts of effectively putting veterans legislation on hold.

The US Department of Veterans Affairs building is seen in Washington, DC, on July 22, 2019. (Photo by Alastair Pike / AFP) (Photo credit should read ALASTAIR PIKE/AFP via Getty Images) (Photo credit should read ALASTAIR PIKE/AFP via Getty Image)

‘IT’S A MESS’: GOP TURNS ON HOUSE CONSERVATIVES AS VOTER ID BLOCKADE STALLS TRUMP’S AGENDA

“They’re holding all bills hostage,” Bost said. “They’re not voting for any rule. Any bill that has to pass a rule before it comes to the floor—which this bill does because of its size—can’t move.”

Although Bost said he supports the SAVE America Act and has voted for it three times, he argued the Senate’s failure to act should not stop the House from advancing unrelated legislation.

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“I agree with that bill,” Bost said. “But the Senate still has to do their work. We don’t stop our work because the Senate isn’t doing it.”

With 23 legislative days left in the Congressional session, Concerned Veterans for America Strategic Director John Byrnes, a supporter of the bill, said time is of the essence.

“There are lots and lots of things that have to get done,” Byrnes told Fox News Digital. “There’s also the National Defense Authorization Act, which is a must pass every year, so these things eat up time. There’s requirements to have debate on these, which eat up session time.”

Byrnes argued that every procedural delay pushes other legislation further down the calendar.

“This bill will save lives in 2027,” Byrnes said. “If we lose veterans because they could have had faster, better access to health care, we’re never going to get those veterans back.”

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Rep. Mike Bost, R-Ill. ( )

TRUMP’S SAVE AMERICA ACT SHOWS SIGNS OF LIFE IN THE SENATE DESPITE REPUBLICAN REVOLT

But Rep. Chip Roy, R-Texas, who also voted no on the procedural vote, told Fox News Digital that he has concerns about how the bill is financed.

“I appreciate what the chairman’s trying to do in some respects, but there’s a few issues,” Roy said.

Among them, Roy pointed to provisions offsetting new spending through changes affecting other veterans.

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“You’re taxing certain veterans to provide some sort of benefits and changes to other veterans,” Roy said. “There are concerns about some of the pay-fors.”

Veterans of Foreign Wars has also taken issue with Section 108 of the bill, warning that it would codify changes to future disability ratings for tinnitus and sleep apnea to help finance other veterans priorities.

But Bost said this is inaccurate.

“No veteran is going to have their benefits reduced,” Bost said. “If you’re receiving a benefit right now, that’s not going to be reduced at all.”

Roy, who previously served two years on the House Veterans’ Affairs Committee, said he supported a lot of what the bill was seeking to accomplish; but said other pieces of legislation are priorities, too.

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“There is a block of us for whom border security, the SAVE Act and demonstrating our leadership on major issues is critical,” Roy said. “Some of these other bills may or may not get hung up based on a desire of many in the conference to see movement on other things.”

Fox News Digital reached out to Luna’s office and the White House for comment.

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