Advisory Opinions The TED Talk Heard ‘Round the World
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May 12, 2026 They unpack Virginia’s court decision voiding a redistricting amendment and why timing and early voting matter. They debate interim dockets, historical precedent, and when courts must block harms before elections. They critique Neal Katyal’s TED Talk claims about using AI in Supreme Court prep and the professional fallout. They finish with a rapid-fire civics trivia round.
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Virginia Court Invalidates Amendment For Mid‑Election Approval
- The Virginia Supreme Court struck down a redistricting amendment because the General Assembly first approved it during an ongoing early-voting period, meaning there was no true intervening election.
- The court relied on a 1912 precedent and found over 1.3 million votes (≈40%) had already been cast by the initial legislative approval on October 31, 2025, making the later vote not truly “after the next general election.”
Interim Relief Prevents Irreparable Electoral Harm
- The hosts argue state courts' refusal to issue interim relief can create irreparable harms, like wasted elections and massive public expense.
- Sarah notes $83 million spent on the referendum and millions of voters whose time was effectively wasted by waiting to decide review until after the election.
U.S. Supreme Court Limited On Pure State Law Disputes
- State supreme courts are final arbiters of state-law questions, so U.S. Supreme Court review is limited unless federal questions are implicated.
- Sarah explains an appeal to SCOTUS would have to recast the issue as interference with the state legislature’s constitutional control over elections.
