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Va. Senate appears to back away from plan to put Cuccinelli on bench Va. Senate drops plan to put Cuccinelli on bench
(about 1 hour later)
RICHMOND — The Virginia Senate on Wednesday appeared to back away from a plan to put former attorney general Ken Cuccinelli II on the state Supreme Court, advancing the name of yet another candidate instead. RICHMOND — The Virginia Senate on Wednesday dropped a plan to put Ken Cuccinelli II on the state Supreme Court after the former Republican attorney general turned down the job offer.
The Senate nominated Appeals Court Judge Stephen R. McCullough for an opening on the state’s high court. It did not take a final vote to install. The Senate advanced the name of yet another candidate after Cuccinelli told Republicans that he was not interested in the position, which would have prevented him from running for governor in 2017 and forced him to quit his current campaigning for GOP presidential hopeful Ted Cruz.
McCullough’s name surfaced one day after Senate Republicans teed Cuccinelli up for the job. “Tiero and I gave serious and prayerful consideration to accepting this honor,” Cuccinelli, referring to his wife, said in a written statement. “As attractive an opportunity to serve the Commonwealth on the Court would be, it simply is not the right time for our family.”
In a surprise move on Tuesday, a Senate panel nominated Cuccinelli to take a slot left vacant after the legislature declined to install Gov. Terry McAuliffe’s pick for the bench. The move inflamed liberal activists, who regard the former attorney general as hostile to abortion, gay rights and climate-change science. In yet another surprise move in a Supreme Court drama that has been churning since summer, the Senate and House moved to install someone else for the high court: Appeals Court Judge Stephen R. McCullough.
Neither chamber took a final vote on McCullough, but after a months-long impasse, Republicans appeared to have the votes to do so before the General Assembly session concludes on Saturday.
The Senate advanced McCullough’s name, and the House Courts of Justice Committee quickly convened a hearing to interview him for the judgeship. The committee unanimously voted in a voice vote to certify McCullough as qualified.
“Steve is a man that is full of integrity, he is very intelligent, the kind of person we are looking for,” said Speaker William J. Howell introducing the appeals court judge.
McCullough, who started his legal career as a clerk to a state Supreme Court judge, told the panel that he wanted a spot on the high court to preserve the state’s heritage of freedom.
McCullough told the panel that he considered the late Justice Antonin Scalia’s philosophy on resolving constitutional questions a model.
“I would take a similar approach – look to the original public meaning and look to the precedent to see how far away are we,” he said.
McCullough’s name surfaced one day after Senate Republicans teed Cuccinelli up for the job. It came with Cuccinelli’s blessing — something that liberal activists took as a warning.
“Having worked with Steve McCullough during my service as Attorney General, I know he has a spectacular mind, is principled on the law, and has been an outstanding Appeals Court jurist,” Cuccinelli said. “He is an excellent choice to serve as justice.”
In a surprise move on Tuesday, a Senate panel nominated Cuccinelli to take a slot left vacant after the legislature declined to appoint Gov. Terry McAuliffe’s pick for the bench. The move inflamed liberal activists, who regard the former attorney general as hostile to abortion, gay rights and climate-change science.
Abortion-rights activists descended on the Capitol Wednesday, wearing special-ordered pink stickers that read “StopKen.”
[Virginia Senate panel proposes Cuccinelli for state Supreme Court][Virginia Senate panel proposes Cuccinelli for state Supreme Court]
A tea party hero for the brash battles he waged as attorney general against abortion, Obamacare and other perceived examples of federal overreach, Cuccinelli is reviled with equal fervor on the left. Establishment Republicans have not been fans, either, and have expressed concern as Cuccinelli has publicly mulled a second gubernatorial bid.A tea party hero for the brash battles he waged as attorney general against abortion, Obamacare and other perceived examples of federal overreach, Cuccinelli is reviled with equal fervor on the left. Establishment Republicans have not been fans, either, and have expressed concern as Cuccinelli has publicly mulled a second gubernatorial bid.
Republicans and Democrats alike speculated that the nomination was aimed at cutting short that possibility — thereby avoiding a potentially divisive nomination contest with former Republican National Committee chairman Ed Gillespie and others who have jumped in.Republicans and Democrats alike speculated that the nomination was aimed at cutting short that possibility — thereby avoiding a potentially divisive nomination contest with former Republican National Committee chairman Ed Gillespie and others who have jumped in.
[Cuccinelli is thinking — at least a little — about running for governor in 2017][Cuccinelli is thinking — at least a little — about running for governor in 2017]
There also was speculation Tuesday that the nomination was merely a scare tactic to prod Democrats into supporting a more moderate Republican pick for the bench.There also was speculation Tuesday that the nomination was merely a scare tactic to prod Democrats into supporting a more moderate Republican pick for the bench.
Republicans said their interest in Cuccinelli had been sincere, but Cuccinelli simply was not interested for reasons that Sen. Richard H. Stuart (R-Stafford) described as “family considerations.”
“I know Ken would have made, and I hope someday will make, an outstanding justice,” said Stuart. “But, I understand family considerations must come first. Ken strongly recommended Judge McCullough, who has an impeccable reputation on the bench, for the vacancy, and I am pleased to advance and support his nomination to the Court.”