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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 loss 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. The Senate Courts of Justice Committee promptly certified Cuccinelli for the slot on a party-line vote, a move that sends his name to the full Senate for consideration. | |
Among those who voted to advance Cuccinelli’s name was Sen. Glen Sturtevant (R-Richmond), the freshman senator who had, until now, refused to go along with his party’s plan to oust McAuliffe’s pick for the slot, former justice Jane Marum Roush. After the vote, Sturtevant said he planned to vote for Cuccinelli on the Senate floor — a move that would break a months-long impasse. | |
“He’s qualified and not a political pawn in this process,” Sturtevant said in a text message to The Washington Post. “Allows General Assembly to fulfill its constitutional duty to elect Supreme Court justices and avoids a further standoff causing a vacancy.” | |
Republicans have pressed since January to put Alston in the slot, which McAuliffe had twice given on a temporary basis to Roush, a former Fairfax County Circuit Court judge. | |
The Republican-controlled legislature has refused 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] | [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 Sturtevant had been refusing to cooperate with his party. | |
The full Senate appears likely to take up Cuccinelli’s nomination Wednesday. | The full Senate appears likely to take up Cuccinelli’s nomination Wednesday. |
Cuccinelli is one of Virginia’s most conservative politicians. Some Democrats wondered if the nomination was ploy, perhaps intended to convince Democrats to support Alston or yet another candidate, who might be more moderate than the former attorney general. | |
“I’m praying that it is a scare tactic,” said Sen. L. Louise Lucas (D-Portsmouth). | “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.” | But Stuart said he was putting forward “someone I believe to be eminently qualified for the position.” |