In 2027, it may not be Justice Kelsey who needs to worry but rather a group of Virginians tired of Dan Helmer’s lust. For power. Of course.
by Shaun Kenney
Dan Helmer, who is the “we” he is referring to? Has the Democratic Party already decided Kelsey’s fate? Do Democrats really contemplate a coup against Virginia’s judiciary? Who else is aware of this conspiracy? Who is the leader of this conspiracy? What will the people of Virginia think if Justice Kelsey was punished for refusing to obey the Democratic Party’s demands?
We should be asking these questions, but we don’t.
We would ask these questions if the Republican had threatened a Virginia Supreme Court Justice in this way, but we don’t.
Helmer’s antipathy knows no bounds. It’s not just that Helmer is wrong. I have had so many people come to me and tell me about Helmer and his “reign” of shame in Richmond and elsewhere, that you start to notice the old Virginia saying: A gentleman doesn’t lie, cheat or steal, nor does he associate with others who do.
Helmer is no gentleman. Let that be a source of all insinuation, odium and insult.
The Supreme Court of Virginia, in a 4-3 decision, overturned what many argued was an unconstitutional procedure from the beginning.
Helmer’s reaction to this loss? Andrew Kerley, at the Virginia Scope, openly threatened the judicial branch.
Helmer stated, “We will ensure that Justice Kelsey is not a judge in January.”
Justice Arthur Kelsey’s term will end in January. He wrote the redistricting opinions against Democrats.
Terry Kilgore, the Virginia Republican House Minority leader (R-Gate City), ripped into Helmer for tipped his hand to Virginia Democrats in their attempt to limit judicial independence.
The Supreme Court of Virginia respected the Constitution and upheld the rule of Law. It’s one thing to disagree with a ruling, but it’s another to undermine the legitimacy of the judicial system just because you don’t agree. Virginians demand that leaders respect the fact that our courts are not used as political tools by either party.
It is true that judicial independence is an important cornerstone of constitutional democracies. If Helmer’s sentiment was more than just an opinion, that is, if it was a “we”, rather than a “I think” type of sentiment or “I believe that this should be done,” then we could be facing a constitutional crisis that is deeper and more evident than this year’s unconstitutional gerrymandering.
Wren Williams, R-Stuart, slapped Helmer in the face for his petulance and the zero-sum reductionism of the political left. Their only morality appears to be obtaining what they want at any cost.
Imagine what this means for all the other judges in Virginia. Next time they hear a difficult case, the judge must mention whether or not they will be reappointed. Judges also have children attending college. Judges have debts from law school, mortgages and give up opportunities for higher income to serve on the bench.
It’s now clear that they can’t afford to make a “wrong decision” and they know what “wrong means” when Democrats are in power.
You can use this to gain leverage over a court. You can compromise the third branch of our government by bending a court. With a salary. With a pension. When they retire.
Virginians don’t do things like that. We adhere to the rule of law.
Chief Justice Roberts publicly rebuked Chuck Schumer when he threatened Justice Kavanaugh in 2020 on the steps of the Supreme Court. Bar associations condemned Schumer. Schumer changed his mind the next day.
Schumer cannot remove Kavanaugh. However, Delegates can vote in January on Kelsey’s reelection if it is sought. This threat is not a rhetorical one. The threat is not rhetorical. It is operational.
Democrats would be screaming, if a Republican delegate said this to a judge who ruled in favor of them with a majority opinion. I’m curious to see if there is any reaction to this threat of retaliation.
Justice Kelsey, along with three other judges, ruled on the case before him based on the law. As it has been for the past 25 years.
We do not intimidate our judges. We do not purge our courts. We don’t measure the justices based on whether they vote in the way that the majority caucus wants to be in power.
This is a power-wielding act that needs to be condemned.
On Twitter, Louise Lucas called out a UVA 1L by calling him “chopped”, causing the silence of General Assembly Democrats.
Compare that to the official bullwhipping of the former Governor Glenn Youngkin after a 17-year-old assumed and commented on a erroneous report from a Richmond-based radio station, repeated by the Washington Post claiming Youngkin would scrap an exhibit in the Governor’s Mansion detailing slavery history there .
Pearls are clutched ! Sensibilities offend ! Assumptions were made!
Team Youngkin quickly pointed out that the same student had taken photos with Ralph Northam, a blackface fanatic and now disgraced Governor (but somehow still okay). Lucas’ target, a 1L who was 23 or so years old, was not the most threatening person. But what about picking on someone smaller and weaker?
The Virginia Democrats are in a similar situation.
Meanwhile, Justice Kelsey will have to decide whether or not he would like to stand for reappointment and dare the Democratic-controlled General Assembly to be just as vulgar and common as Dan Helmer supposes they are.
Virginia Democrats stabbing each other for temporary gain is a fascination for the rest of the world. Virginia still does not have a budget. Senate Democrats are “further away” than their House colleagues compared to a week earlier. Abigail Spanberger seems uninterested in referringeeing the budget or insisting that certain things be included. Democrats are interested in packing courts to achieve their goals. This might seem to be a solution to them — then can they run over the constitution to accomplish their goals?
When the progressives in Virginia are willing to use threats to intimidate 1Ls, justices, and even other 1Ls to achieve their goals, why do they keep turning on each other and shutting down the state government?
In June, this all sounds obtuse and childish. In July, it will sound childish and obtuse to unpaid teachers and deputy sheriffs. There are many Democrats, and almost all Republicans are tired of voting for the worst candidates and expecting the best.
It’s not just Justice Kelsey that should be concerned about 2027. Dan Helmer may need a wake-up call by someone in his own party. Independents and Republicans, who disagree on many policy issues but can temporarily come together around a character issue — or lack thereof — could be the ones to do it.
Dan Helmer should be gone.
Shaun Kenney, senior editor at The Republican Standard. This column has been republished with permission from The Republican Standard.
