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Va. Senate panel proposes Cuccinelli for state Supreme Court Va. Senate panel proposes Cuccinelli for state Supreme Court
(35 minutes later)
RICHMOND — A Virginia Senate panel on Tuesday nominated former attorney general Ken Cuccinelli II to the Virginia Supreme Court, a move aimed at handing Gov. Terry McAuliffe a particularly bitter defeat in a long-running judicial battle.RICHMOND — A Virginia Senate panel on Tuesday nominated former attorney general Ken Cuccinelli II to the Virginia Supreme Court, a move aimed at handing Gov. Terry McAuliffe a particularly bitter defeat in a long-running judicial battle.
McAuliffe (D) narrowly defeated Cuccinelli (R) in the 2013 governor’s race.McAuliffe (D) narrowly defeated Cuccinelli (R) in the 2013 governor’s race.
Sen. Richard Stuart (R-Stafford) proposed Cuccinelli after the Senate failed to muster the votes needed to elevate Appeals Court Judge Rossie D. Alston Jr. to the state Supreme Court.Sen. Richard Stuart (R-Stafford) proposed Cuccinelli after the Senate failed to muster the votes needed to elevate Appeals Court Judge Rossie D. Alston Jr. to the state Supreme Court.
Republicans have pressed since January to put Alston in the slot, which McAuliffe had twice given to former Fairfax County Circuit Court judge Jane Marum Roush on a temporary basis.Republicans have pressed since January to put Alston in the slot, which McAuliffe had twice given to former Fairfax County Circuit Court judge Jane Marum Roush on a temporary basis.
Both times, the Republican-controlled legislature declined to give Roush a full 12-year appointment. Her most recent appointment expired in February, leaving her unemployed and the court shorthanded.Both times, the Republican-controlled legislature declined to give Roush a full 12-year appointment. Her most recent appointment expired in February, leaving her unemployed and the court shorthanded.
[Time runs out — again — for McAuliffe’s Supreme Court pick][Time runs out — again — for McAuliffe’s Supreme Court pick]
Republicans have not questioned the qualifications of Roush, a highly regarded jurist who has presided over many high-profile cases, including the trial of D.C.-area sniper Lee Boyd Malvo.Republicans have not questioned the qualifications of Roush, a highly regarded jurist who has presided over many high-profile cases, including the trial of D.C.-area sniper Lee Boyd Malvo.
But they have noted that judicial appointments are theirs to make and that they prefer Alston, who has served on the Court of Appeals since 2009. Republicans also have said that McAuliffe violated protocol by not consulting them on the choice.But they have noted that judicial appointments are theirs to make and that they prefer Alston, who has served on the Court of Appeals since 2009. Republicans also have said that McAuliffe violated protocol by not consulting them on the choice.
The lawmakers’ opposition to Roush only grew after she accepted a second recess appointment from McAuliffe, who whose authority to grant it was in question because the House had not gaveled out of a special session.The lawmakers’ opposition to Roush only grew after she accepted a second recess appointment from McAuliffe, who whose authority to grant it was in question because the House had not gaveled out of a special session.
[GOP backs McAuliffe’s Supreme Court pick, but only for the moment]
Republicans have a large majority in the House and could easily muster the votes in that chamber to install Alston. But they have been one vote short in the closely divided Senate, where freshman Glen Sturtevant (R-Richmond) has refused to go along with his party’s plan.Republicans have a large majority in the House and could easily muster the votes in that chamber to install Alston. But they have been one vote short in the closely divided Senate, where freshman Glen Sturtevant (R-Richmond) has refused to go along with his party’s plan.
The full Senate appears likely to take up Cuccinelli’s nomination Wednesday.The full Senate appears likely to take up Cuccinelli’s nomination Wednesday.
“I just put forward the name of someone I believe to be eminently qualified for the position,” Stuart said. Cuccinelli is one of Virginia’s most conservative politicians. Some Democrats wondered if the nomination was meant as a scare tactic, perhaps intended to convince Democrats to support yet another candidate, who might be more moderate.
[GOP backs McAuliffe’s Supreme Court pick, but only for the moment] “I’m praying that it is a scare tactic,” said Sen. L. Louise Lucas (D-Portsmouth).
But Stuart said he was putting forward “someone I believe to be eminently qualified for the position.”