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JONATHAN TURLEY: Virginia Democrats’ map scheme faces judgment at the high court

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As Virginia heads to the state Supreme Court, Virginia Attorney General Jay Jones (D) will have to up his game a bit. For starters, he will have to actually defend the redistricting resolution as constitutional when prompted. In a recent interview with CNN, even the host of the friendly network expressed frustration that Jones could not seem to get himself to actually defend the dubious language of the ballot measure.

Many of us have expressed skepticism over the process and language of the resolution that passed this week, effectively wiping out all but one GOP district in the purple state.

Virginia was considered the gold standard among states rejecting gerrymandering with fairly divided districts in a state that is divided right down the middle. It then elected Governor Abigail Spanberger, who assured voters that she was adamantly against gerrymandering and then immediately called for the most radical gerrymandered map in the nation after she was elected.

The candidate who declared that “opposing gerrymandering should be a bipartisan priority” rushed a resolution to the voters that would have made Eldridge Gerry himself blush.

ERIC HOLDER ACCUSES GOP OF ‘STEALING SEATS’ WHILE DEFENDING ‘FAIR’ DEMOCRATIC REDISTRICTING PUSH

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That map passed by slim margin as Democrats moved to wipe out the representation of half of their neighbors, leaving Republicans with just one of eleven districts.

The problem is that the Democrats were too clever by half in crafting a campaign that even the Washington Post declared as shockingly dishonest and misleading for voters.

The deceit began with the language of the resolution itself. While Virginia law requires clarity in such resolutions, the language was obtuse and vague, declaring that it would “temporarily adopt new congressional districts to restore fairness in the upcoming elections.” There was nothing “temporary” about the plan, which would continue for years. More importantly, it is unclear what is meant by “restore fairness” in a map that would wipe out virtually every GOP district.

In addition, the process used to rush the resolution to the ballot was abridged and unprecedented. This mess was too much for Tazewell Circuit Judge Jack Hurley who enjoined the map approved by voters. It is now awaiting an oral argument before the Virginia Supreme Court next week.

Jones was, of course, aware of all of this when he received the most predictable question from CNN host Brianna Keilar who quoted the misleading elements cited by Judge Hurley and asked “does he have a point that it’s misleading?”

Jones went into an account of how the “yes side prevailed” and called Hurley “an activist judge.” Keilar reasonably followed up, noting “I know that you’re calling him an activist judge, but he is citing the Virginia Constitution and legal experts that we’ve spoken to say what he’s saying is going to create some pretty big challenges for you in court that you will have to overcome.” She then repeated the question.

SOROS-LINKED DARK MONEY NETWORK FUELS VIRGINIA REDISTRICTING PUSH BACKED BY NATIONAL DEMOCRATS

Again, Jones had that deer in the headlights look and went into a babbling spin: “Well, look, I’m really proud of Virginia. I believe the right to vote is sacred, not just as Virginians, but as Americans. This is the birthplace of democracy.”

This exchange went up until, to her great credit, Keilar ended the interview with “I don’t hear you answering the substance of my question.”

The problem is that the campaign and the resolution, as the Washington Post noted, is flagrantly misleading and dishonest. Jones relies on the majority on the Supreme Court to shrug away the problems. Democrats are also hoping that justices who have to face the voters themselves are unlikely to negate a popular vote. Indeed, it does not appear that such a vote has ever been overturned in the state.

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If the Court stands with the law and throws out the vote, Democrats could face the ultimate disaster. They just spent a fortune to narrowly pass the resolution. In so doing, they alienated half of the state, who took it rather personally that Democrats were trying to wipe out virtually all of their representation in the state after recently promising never to engage in such gerrymandering. They are not likely to forget this effort and virtually every Democrat in the state fought to pass this resolution. Some of these Democrats have to rely on Republican votes in the purple state to secure statewide office. They are unlikely to force this effort into some memory hole for the victims of the gerrymandering, particularly if the courts also declare that they were acting unlawfully.

Finally, the use of unlawful means to gerrymander a state only further destroys the credibility of the Democratic mantra of being defenders of the Constitution and democracy. The optics are only going to be magnified by an attorney general who was elected by Democratic voters after threatening to kill political opponents and their children. There was no vagueness in Jones’ prior approach to political opponents. His election was viewed as the ultimate triumph of political rage by the very same voters who just effectively negated the representation of half of the state.

In the end, it will be up to the Virginia Supreme Court to “to restore fairness in the upcoming elections.” There is no question that this resolution shredded state law and tradition.

The question is whether the justices themselves have the courage to demand more from the Commonwealth of Virginia.

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NEW: Justice Alito Abruptly Reverses Course In Key SCOTUS Case

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NEW: Justice Alito Abruptly Reverses Course In Key SCOTUS Case

Supreme Court Justice Samuel Alito has abruptly withdrawn from one of the most consequential climate-related cases before the high court, leaving just eight justices to decide a dispute that could affect lawsuits seeking billions of dollars from fossil-fuel companies.

The court notified attorneys Monday that Alito “has determined that he will not continue to participate” in *Suncor Energy Inc. v. County Commissioners of Boulder County*.

No explanation was provided for his decision.

The last-minute development comes ahead of arguments in a closely watched Colorado case that could have implications for similar climate lawsuits brought by states and municipalities across the country.

The dispute dates back to 2018, when Boulder County and the City of Boulder sued Exxon Mobil and Suncor Energy in Colorado state court. San Miguel County later joined the litigation.

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The municipalities allege the companies contributed to “climate-related harms” through decades of fossil-fuel production, refining and sales, along with what the plaintiffs describe as “concealment or misrepresentation” concerning the risks associated with their products.

They are seeking damages under Colorado state law for costs they attribute to climate change, including flooding, wildfire risks, drought and damage to public infrastructure.

The energy companies argue that the claims cannot proceed under state tort law because federal law governs interstate air pollution and because allowing individual states to regulate conduct tied to global emissions raises constitutional concerns.

After years of litigation over where and how the case could proceed, the Colorado Supreme Court allowed the lawsuit to move forward.

The U.S. Supreme Court subsequently agreed to hear the dispute.

The stakes extend far beyond Colorado.

Similar lawsuits have been filed against fossil-fuel producers by states and local governments seeking compensation for climate-related costs. The Supreme Court’s eventual decision could therefore shape how those cases proceed.

Alito’s withdrawal is particularly notable because he previously recused himself from an earlier petition arising from the same Colorado litigation in 2023.

He has also stepped aside from other energy-related cases.

When the Supreme Court agreed to hear the current Suncor appeal, however, a court spokesperson said in May that Alito “does not have a financial interest in any party” and that the court’s legal counsel had determined recusal was not required.

Alito does not own stock in Exxon Mobil or Suncor.

His most recent financial disclosure does list individual investments in other energy companies, including ConocoPhillips and Phillips 66, which are defendants in separate climate-related litigation.

Advocacy groups had argued that those investments, combined with the potential industry-wide implications of the Suncor case, raised questions under the Supreme Court’s Code of Conduct.

The code states that a justice should recuse when the justice’s impartiality might reasonably be questioned or when the justice has a financial interest in the subject matter in controversy.

But justices generally are not required to explain why they recuse themselves, and Alito has not publicly stated what prompted his decision in this case.

His absence could have a significant procedural consequence.

Only eight justices will now participate. If the court divides 4-4, the Colorado Supreme Court’s ruling would remain in place without establishing a nationwide Supreme Court precedent.

The remaining court includes five conservative justices and three liberal justices, although ideological alignment does not necessarily determine how individual justices will approach the federal-preemption questions presented in the case.

Alito had been viewed by some legal observers as potentially receptive to the companies’ argument that federal law prevents states from using their own tort laws to impose liability over emissions associated with global climate change.

His decision to step aside removes one vote from the case before arguments even begin.

What remains unexplained is why.

The court’s notification says only that Alito “has determined that he will not continue to participate,” leaving the reason for his withdrawal undisclosed as the justices prepare to hear a case with potential consequences for climate litigation nationwide.

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National Emergency Declared — Trump Called In

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National Emergency Declared — Trump Called In

Five men have been arrested in a suspected terror plot near one of America’s most strategically important bomber hubs in Britain, triggering an intensive counterterrorism investigation and renewed security concerns surrounding U.S. military installations overseas.

British authorities launched the investigation after police received a report shortly before 1 a.m. Sunday about three suspicious vehicles apparently traveling toward RAF Fairford.

Armed officers descended on the nearby Whelford area and arrested five men initially on suspicion of explosives offenses. Authorities subsequently arrested the suspects on suspicion of preparing a terrorist act under Section 5 of Britain’s Terrorism Act.

All five are British nationals from London in their early twenties, police said Monday.

Investigators are now working to determine what the men allegedly intended to do, their motive and whether anyone else — including a foreign actor — played a role.

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RAF Fairford is owned by Britain but serves as a strategically important operating location for the U.S. Air Force, including American long-range bombers.

The installation has taken on increased importance amid U.S. military operations involving Iran and the broader Middle East.

Former Defense Intelligence Agency official Andrew Badger said the circumstances surrounding the arrests immediately stood out.

Five suspects traveling in three separate vehicles, he argued, could indicate investigators are dealing with something more coordinated than an isolated individual.

“This isn’t just some type of amateur lone wolf operation,” Badger told Fox News Digital while discussing the investigation.

Badger also predicted the incident could lead to tougher security measures at American military facilities.

“We are going to see elevated security protocols,” he said.

The potential target is significant.

American B-1B Lancers and B-52 Stratofortresses have operated from RAF Fairford, providing the United States with a European location capable of supporting long-range strategic bomber missions.

Its reinforced runway stretches nearly two miles and is capable of handling some of America’s largest military aircraft.

President Donald Trump addressed the arrests Sunday and said American and British authorities had worked together in connection with the incident.

“They were looking to do big damage to our fort,” Trump told reporters.

Trump also praised cooperation between the United States and Britain following the arrests.

British authorities have been considerably more cautious about assigning a motive.

Investigators are still trying to establish what happened and why. Possible foreign involvement is reportedly among the avenues being examined, but authorities have not publicly concluded that Iran — or any other government — directed the alleged plot.

Iran’s embassy in London denied involvement Monday amid speculation surrounding the arrests.

Investigators are reportedly examining several possible motives, including potential Iranian links, Russian sabotage and Islamist extremism. None of those possibilities has been publicly established as the cause of the suspected plot.

The Iranian connection has drawn particular attention because of recent tensions surrounding military installations supporting operations against Tehran.

Iran’s Islamic Revolutionary Guard Corps warned in July that bases supporting attacks against Iranian territory could become military targets.

Britain had previously authorized American forces to use Fairford for certain operations against Iranian missile positions.

Security around the installation had reportedly already been increased.

Local councilor Tristan Wilkinson told Reuters that surveillance was stepped up following a specific Iranian threat roughly six weeks before Sunday’s arrests.

Authorities have not publicly established any connection between that earlier threat and the five suspects.

The response on the ground was substantial.

Approximately 85 households were evacuated while authorities established a roughly 400-meter security cordon as specialists examined vehicles connected with the investigation.

Reports indicated that a local farmer alerted authorities after spotting three large white vans and suspicious activity near the military installation. Hooded and masked individuals were reportedly seen running toward nearby fields.

Former Trump White House official Morgan Murphy said American agencies would likely be working closely with British investigators as authorities attempt to determine whether the alleged operation extended beyond the five suspects.

Murphy pointed to Air Force investigators, U.S. intelligence personnel and FBI officials stationed in London as among those who could become involved.

Investigators are likely to examine communications, financial transactions and other records for evidence of additional connections, he said.

The area contains another strategically important American military facility as well.

Nearby RAF Welford houses a major U.S. weapons and ammunition storage operation supporting American forces in Britain and across the European theater.

For now, the most important questions remain unanswered: what the five men allegedly planned, whether RAF Fairford was their intended target, and whether anyone else was behind them.

British counterterrorism authorities continue to investigate, and no foreign government or organization has been publicly identified by police as responsible for the suspected plot.

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Seat Officially Flipped After HUGE Win and Election Upset

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Seat Officially Flipped After HUGE Win and Election Upset

Republicans were dealt a surprise blow in one of Pennsylvania’s most reliably red state House districts after Democrat Brandon Dukes pulled off a razor-thin special-election upset in territory President Donald Trump carried by more than 18 points.

But the fight isn’t over.

Dukes defeated Republican Scott Timko by just 88 votes in Pennsylvania’s 12th House District in Butler County, flipping a seat Republicans had controlled for decades.

Now Republicans will get an immediate opportunity to take it back when Dukes and Timko face each other again in November.

The special-election result immediately drew attention because of just how Republican the district has historically been.

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Trump carried the district by more than 18 percentage points in the 2024 presidential election, while former Republican state Rep. Stephenie Scialabba won the district by roughly 30 points that same year.

Scialabba’s resignation earlier this year created the vacancy and triggered the special election.

Dukes’ victory broke a Republican hold on the seat dating back decades and gave Democrats a significant pickup just months before the November midterms.

But Republicans are pointing to one major factor that could make the rematch very different: turnout.

Participation in the special election was unusually low, producing an electorate far smaller than the one expected to vote in November.

That leaves both parties preparing for a dramatically different contest when a much larger group of voters returns to the polls for the general election.

The Pennsylvania House Republican Campaign Committee made clear that it considers Tuesday’s result only the first round.

“The General Election starts today with Scott Timko reaching out to voters, building a winning coalition, and holding Brandon Dukes accountable for his extreme positions that he continues to hide from voters.”

The special-election reporting did not specify which positions Republicans were referring to.

Pennsylvania House Republican Leader Jesse Topper also sought to put the loss in perspective, describing the result as “disappointing but unsurprising” while pointing to changing demographics, the summertime election date and the unpredictable nature of special-election turnout.

“There is much more yet to unfold in the final months of the 2026 election cycle and we will continue carrying out vision for positive growth in Pennsylvania through November,” he said.

The district itself underscores why the result is attracting attention.

Pennsylvania’s 12th House District covers portions of Butler County north of Pittsburgh, including Cranberry, Adams and Jackson townships and several surrounding communities. Republicans also hold a substantial voter-registration advantage in the district.

Yet Dukes managed to overcome those structural advantages in the low-turnout special election and capture the seat by fewer than 100 votes.

The result gives Democrats control of a district that had long been considered safe Republican territory — at least for now.

Republicans will have their chance to reverse the upset on November 3, when Timko and Dukes meet again to determine who will represent the district for a full two-year term beginning in 2027.

With the special election decided by only 88 votes, the rematch is shaping up to be a closely watched Pennsylvania House contest heading into November.

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