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Va. Senate drops plan to put Cuccinelli on bench Va. Senate drops plan to put Cuccinelli on bench
(about 4 hours later)
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. RICHMOND — The Virginia Senate on Wednesday dropped a plan to elect Ken Cuccinelli II to the state Supreme Court after the former Republican attorney general turned down the job offer.
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. The House and Senate advanced another conservative candidate after Cuccinelli told Republicans that he was not interested in the position, which would have precluded a potential run for governor in 2017 and forced him to quit campaigning for GOP presidential hopeful Ted Cruz.
“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.” “Teiro 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 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. In an abrupt turnaround, Republicans who control both the House and Senate moved to install someone else: Appeals Court Judge Stephen R. McCullough, who at one time worked for Cuccinelli and described himself as an admirer of the late U.S. Supreme Court Justice Antonin Scalia. McCullough’s nomination came with Cuccinelli’s blessing.
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. It was yet another surprise move in a Supreme Court drama that has been churning since summer.
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. Neither chamber took a final vote on McCullough on Wednesday, but Republicans appeared to have the votes to do so before the General Assembly session concludes on Saturday.
“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. Some liberal activists, who flocked to the Capitol wearing pink “StopKen” stickers, took credit for thwarting Cuccinelli’s judgeship.
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. “Today we saw the power of Virginia’s progressive community,” Anna Scholl , executive director of Progress Virginia, said in a written statement. “In less than 24 hours, thousands of Virginians stood up to keep Ken Cuccinelli out of our judiciary.”
McCullough told the panel that he considered the late Justice Antonin Scalia’s philosophy on resolving constitutional questions a model. But others said the GOP had clearly won the tactical fight with McAuliffe. Some said Republicans had offered Cuccinelli as a diversion, to make McCullough appear more acceptable by comparison, although Republicans said they sincerely wanted Cuccinelli on the bench.
“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. The Virginia General Assembly, one of only two state legislatures empowered to pick judges, has spent months tussling with Gov. Terry McAuliffe (D) over how to fill the vacancy on the state’s highest court.
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. McAuliffe had originally appointed Jane Marum Roush, a widely respected jurist from Northern Virginia with 22 years of trial court experience, in July when the legislature was in recess.
“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.” Republicans, angry that they had not been consulted, refused to make Roush’s appointment permanent. Instead, they offered to elevate a black appeals court judge, Rossie Alston, into the slot and move another black judge up to fill his spot. That scenario appealed to some members of the Senate’s black caucus, but after a few flirtations, none went along with the plan.
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. Now the House and Senate are poised to move McCullough, a white man, onto the Supreme Court.
Abortion-rights activists descended on the Capitol Wednesday, wearing special-ordered pink stickers that read “StopKen.” Sen. L. Louise Lucas (D-Portsmouth), who briefly agreed to back Alston but later reneged, said ruefully that Democrats got little from the mess. “We lost Judge Roush, and we ended up empty-handed,” she said.
McAuliffe spokesman Brian Coy described the day’s events as a “circus” and said that Republicans have “done untold damage to the independence of the Commonwealth’s highest court.”
McCullough’s name surfaced one day after Senate Republicans proposed Cuccinelli for the top judicial post. The move inflamed liberal activists, who regard the former attorney general as hostile to abortion rights, gay rights and climate-change science.
[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. Cuccinelli is one of the most polarizing figures in Virginia politics. He earned national attention for battles he waged as attorney general against abortion rights, the Affordable Care Act and other perceived examples of federal overreach. Tea party activists regard him as a hero, while liberals revile him.
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. He narrowly lost the 2013 race for governor and has publicly mulled making another bid in 2017. Taking the judgeship would have forced him off of the political stage, since judges are prohibited from engaging in political activity.
[Cuccinelli is thinking — at least a little — about running for governor in 2017] The Senate advanced McCullough’s name on Wednesday, and the House Courts of Justice Committee quickly convened a hearing to interview him and then unanimously voted to certify him.
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. “Steve is a man that is full of integrity. He is very intelligent, the kind of person we are looking for,” said House Speaker William J. Howell (R-Stafford) as he introduced the appeals court judge.
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.” Senate Republicans only recently came up with the plan to fill Roush’s slot with Cuccinelli. Sen. Richard Stuart (R-Stafford), called to ask Cuccinelli if he wanted the job either Monday or Tuesday, according to three people who spoke on the condition of anonymity in order to discuss private caucus maneuvering.
“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.” Stuart declined to comment on the timing of the offer. Cuccinelli did not respond to requests for comment.
McCullough, 44, who started his legal career as a clerk to a state Supreme Court judge, told the House panel that he wanted a spot on the high court to preserve the state’s heritage of freedom.
He said he would model himself after Scalia. “I would undertake a similar approach, which is look to the original public meaning and then look to precedent and determine how far astray are we and do we need to rethink this,” he said.
McCullough’s legal writings show a conservative outlook. In 2013, the appeals court judge wrote a law review article arguing that the Virginia Constitution protected an individual’s right to own guns.
He cautioned against large government spending in a 2012 article scrutinizing the constitutionality of transportation funding methods.
“Perhaps the overarching lesson of these clauses for our time is that amassing large debts under favorable economic conditions, with overly optimistic projections for future repayment, will lead to financial hardship and political turmoil,” he wrote. “Although that may seem an obvious point, it repeatedly has been ignored throughout history.”
In 2014, McCullough was one of nine candidates vetted for their qualifications for the state Supreme Court by a committee of the Virginia State Bar. He received multiple unfavorable votes, with five of 16 committee members saying he was not qualified for the highest court, although their reasons were not included in the committee report. Other reviewers complimented McCullough, saying he has “the highest integrity” and comes across as “bright, articulate and witty.”