The Right Note is a weekly opinion column. The views and opinions expressed in the column are those of the author and do not necessarily reflect the views of ARLnow.com.
Today is Constitution Day. It is a time to remember the document on which our nation was founded.
Unlike the process in the U.S. Constitution, the right to appoint justices to the Virginia Supreme Court does not rest with the executive branch. That right ultimately rests with the General Assembly according to the Virginia Constitution. A Virginia governor cannot even veto a justice they do not like.
There is simply no other way to read it.
Yes, the governor may make a temporary appointment. However, that temporary appointment expires 30 days after the General Assembly is called into session.
The clock started ticking on the temporary appointment of Justice Jane Roush when the General Assembly convened on Aug. 17 for a special session Gov. Terry McAuliffe called on redistricting. The temporary appointment of Roush ended yesterday.
In an unprecedented move, McAuliffe reappointed Roush yesterday. The problem is, he has no right under the Virginia Constitution to do so.
The special session may have effectively ended shortly after it began on Aug. 17. That is when the 19 Senate Democrats were joined by one Republican and the lieutenant governor in voting to adjourn shortly after calling the session to order. The Senate Democrats not only refused to take up redistricting, but they also refused to take up the question of this Supreme Court appointment.
However, because one house of the General Assembly cannot adjourn for more than three days without the consent of the other, and the House of Delegates never offered such consent, the General Assembly officially remains in session. Another temporary appointment is simply not in order, at least if you are following the Virginia Constitution – a document the governor swore to uphold.
Yes, both sides are engaged in a political showdown over this Supreme Court nominee. However, the rule of law is on the side of the Republicans whether or not the governor disagrees with the assessment of the Speaker that the House of Delegates is still technically in session.
And, whether you might like McAuliffe’s decision to stand up to Republicans as a political matter or not, any case that Roush were to take part in moving forward could later be challenged as invalid.
A big question remains. Why did McAuliffe instruct the lieutenant governor to cast the tie-breaking vote to adjourn the Senate for a special session the governor called rather than having a public debate on redistricting and this judicial appointment? In so doing, he jeopardized any chance of reaching a civil conclusion on either question. Now, he has put the validity of future Supreme Court decisions in question.
The governor should instruct the lieutenant governor and Senate Democrats to return to Richmond as soon as possible to do their jobs, not run away from them. Otherwise, while there is always plenty of blame to go around when it comes to political posturing, any blame for this potential constitutional crisis will belong primarily to the governor.
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Arlington and its neighbors have become more segregated in the last 10 years while fair housing legislation at the state level faces significant roadblocks. Arlington’s fair housing enforcement, education, and commitment to equity practices in housing policy and programs are beginning to show signs of improvement but much more needs to be done.
Join the NAACP Arlington Branch, HOME of Virginia, and Equal Rights Center for the 2nd Annual Arlington Fair Housing Conference on April 15th to discuss the threats and opportunities to advancing fair housing policy across the state and within Arlington.
The half-day, in-person event will feature speakers from fair housing advocacy organizations and government agencies including the U.S. Department of Housing and Urban Development, and focus on fair housing policy trends in Virginia and Arlington County. The conference aims to advance the understanding of issues and policies related to equity and affirmatively further fair housing among local officials, advocates, and members of the public.
2nd Annual Arlington Fair Housing Conference
Is home ownership a goal of yours in 2023? Now is the time to make it happen! Grab a (virtual) drink with the area’s top Real Estate experts, learn all about the home buying process and on how you can get $1,500 towards your closing costs immediately!
Did you know the average Arlington renter will spend $150K in 5 years of renting? Stop paying down someone else’s mortgage! Join us for a Rent vs. Buy Happy Hour on Wednesday, April 5th at 6 p.m. via Zoom. If this time doesn’t work, we also are offering times convenient for your schedule!
A lot has happened in the local market since the beginning of the pandemic. Sip on your drink of choice and learn from Northern Virginia, Arlington and Washingtonian Magazines top producing agents! We will discuss the latest market updates, the home buying process and rent vs. buy cost savings. Please RSVP by clicking here.
Call/text Manavi at 703-869-6698 with any questions!
Private School Fair
Congressional School to Host MONA Private School Fair Thursday, April 27 at 6:30 PM
Congressional School in Falls Church, VA is delighted to host the MONA (Mothers of North Arlington) at an upcoming Private School Fair. Private schools from around
WHS Spring Festival
Join us at the WHS Spring Festival on April 22, 2023, from 10am- 3pm at Wakefield High School(main parking lot). Come out to shop, play, and eat!
Shop local vendors, arts & crafts, new and used items, food vendors/trucks, and