This article is from the source 'washpo' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at https://www.washingtonpost.com/local/virginia-politics/lawmakers-quiz-mcauliffes-pick-for-the-high-court-but-questions-remain/2016/01/27/4592a264-c538-11e5-9693-933a4d31bcc8_story.html
The article has changed 3 times. There is an RSS feed of changes available.
| Version 1 | Version 2 |
|---|---|
| Lawmakers quiz McAuliffe’s pick for the high court, but questions remain | Lawmakers quiz McAuliffe’s pick for the high court, but questions remain |
| (about 20 hours later) | |
| RICHMOND — A Virginia House panel decided Wednesday that Gov. Terry McAuliffe’s controversial pick for the state Supreme Court is qualified to serve. | RICHMOND — A Virginia House panel decided Wednesday that Gov. Terry McAuliffe’s controversial pick for the state Supreme Court is qualified to serve. |
| But the vote to certify Justice Jane Marum Roush brought her no closer to keeping her job than she was last summer when McAuliffe (D) gave her a recess appointment, so angering Republicans that they vowed to unseat her — a move unprecedented in modern Virginia history. | But the vote to certify Justice Jane Marum Roush brought her no closer to keeping her job than she was last summer when McAuliffe (D) gave her a recess appointment, so angering Republicans that they vowed to unseat her — a move unprecedented in modern Virginia history. |
| The saga over the Supreme Court justice has heightened the already bitter partisan divide between the governor and the Republican-controlled legislature, revealed a maverick in the Senate and motivated charges that lawmakers are meddling in the judicial process as never before. | The saga over the Supreme Court justice has heightened the already bitter partisan divide between the governor and the Republican-controlled legislature, revealed a maverick in the Senate and motivated charges that lawmakers are meddling in the judicial process as never before. |
| Roush as well as Republicans’ choice for the bench, state Court of Appeals Judge Rossie D. Alston Jr., each appeared before the House Courts of Justice Committee and a packed meeting room Wednesday to make their case for the job. | Roush as well as Republicans’ choice for the bench, state Court of Appeals Judge Rossie D. Alston Jr., each appeared before the House Courts of Justice Committee and a packed meeting room Wednesday to make their case for the job. |
| Both were certified as qualified to serve, and the House plans to take a floor vote in favor of Alston on Thursday. Only a handful of Republicans are expected to support Roush. Her backers include Del. David B. Albo (R-Fairfax), who first recommended her for the job. | Both were certified as qualified to serve, and the House plans to take a floor vote in favor of Alston on Thursday. Only a handful of Republicans are expected to support Roush. Her backers include Del. David B. Albo (R-Fairfax), who first recommended her for the job. |
| The House vote may be futile, however, because Senate Republicans still do not have enough votes to oust Roush or install Alston, and both chambers must agree. | The House vote may be futile, however, because Senate Republicans still do not have enough votes to oust Roush or install Alston, and both chambers must agree. |
| “If we left here and we didn’t actually have a vote and present a Supreme Court justice, a lot of us feel like we wouldn’t be doing our job. So we’re going to send out a Supreme Court nominee to the Senate,” Albo said in an interview before the hearing. | “If we left here and we didn’t actually have a vote and present a Supreme Court justice, a lot of us feel like we wouldn’t be doing our job. So we’re going to send out a Supreme Court nominee to the Senate,” Albo said in an interview before the hearing. |
| House Minority Leader David J. Toscano (D-Charlottesville) highlighted what he called the absurdity of certifying a judge whom House Republicans plan to oust. | House Minority Leader David J. Toscano (D-Charlottesville) highlighted what he called the absurdity of certifying a judge whom House Republicans plan to oust. |
| “They’ve now decided she is perfectly qualified to be on the Supreme Court,” he said. “Then it raises the question: Why would you fire somebody who’s been sitting on the court and is perfectly qualified? It doesn’t make any logical sense. We’ll see whether logic prevails.” | “They’ve now decided she is perfectly qualified to be on the Supreme Court,” he said. “Then it raises the question: Why would you fire somebody who’s been sitting on the court and is perfectly qualified? It doesn’t make any logical sense. We’ll see whether logic prevails.” |
| Already on the bench for about six months, Roush formerly served on the Fairfax County Circuit Court for 22 years and was often called on to handle high-profile cases, including the trial of D.C. sniper Lee Boyd Malvo and the recent triple-murder trial of Charles Severance in Alexandria. | Already on the bench for about six months, Roush formerly served on the Fairfax County Circuit Court for 22 years and was often called on to handle high-profile cases, including the trial of D.C. sniper Lee Boyd Malvo and the recent triple-murder trial of Charles Severance in Alexandria. |
| [GOP senator vows to block efforts to install new Va. Supreme Court justice] | [GOP senator vows to block efforts to install new Va. Supreme Court justice] |
| Roush did not make direct reference to the controversy but seemed to answer Republican critics who accused her of politicizing the process by appearing alongside McAuliffe at a news conference about the appointment last year. | Roush did not make direct reference to the controversy but seemed to answer Republican critics who accused her of politicizing the process by appearing alongside McAuliffe at a news conference about the appointment last year. |
| “I am an apolitical jurist, neither right nor left, applying the law as you write it,” she said. | “I am an apolitical jurist, neither right nor left, applying the law as you write it,” she said. |
| Another surprising moment in her interview came when she was asked if McAuliffe broke the law last fall when he gave her a second recess appointment. At the time some House Republicans argued the General Assembly was still in session because only one chamber had formally adjourned, making her recess appointment invalid. | |
| “I carefully considered that before accepting the second recess appointment,” appointment,” she said. “In addition to being an honor and a privilege to serve on the Supreme Court of Virginia, it’s also my job and my livelihood and the livelihood of my family and my staff. So it’s not something I did lightly.” | |
| Her current term on the court expires Feb. 12, but McAuliffe has said he will appoint her to another stint if lawmakers take no action this session. | Her current term on the court expires Feb. 12, but McAuliffe has said he will appoint her to another stint if lawmakers take no action this session. |
| Roush’s interview was followed by a parade of supporters representing the Fairfax and Alexandria bar associations, her former law clerks and an attorney with the firm whose Virginia office she helped establish. | |
| N. Thomas Connally III, a lawyer with the firm now known as Hogan Lovells, gave emotional testimony about Roush’s qualifications and said that removing her “would show disregard for that service and would discourage similar service from others.” | |
| Alston, who previously served on the Prince William County Circuit Court, also took questions from lawmakers and was asked about his judicial philosophy. Alston affirmed that it’s up to judges to interpret — not make — laws. | Alston, who previously served on the Prince William County Circuit Court, also took questions from lawmakers and was asked about his judicial philosophy. Alston affirmed that it’s up to judges to interpret — not make — laws. |
| “Seven people should not be rewriting the constitution of the state of Virginia,” he said, referring to the state’s highest court. | “Seven people should not be rewriting the constitution of the state of Virginia,” he said, referring to the state’s highest court. |
| Alston appeared to be the sure winner of a full term during a special session last year, and at the time when lawmakers refused to even give Roush an interview. That changed when then senator John C. Watkins (R-Powhatan) blocked the vote. “We thought it was a done deal,” Albo said. “And so I was not going to participate in an event where I had my friend Jane come down here for a fake interview. Now it’s different. Now everybody’s in play — and nobody’s in play.” | |
| “We thought it was a done deal,” Albo said. “And so I was not going to participate in an event where I had my friend Jane come down here for a fake interview. Now it’s different. Now everybody’s in play — and nobody’s in play.” |