UPDATED: Judge declines to prevent Bolling from giving GOP working control of Senate
Mike Sluss has a story on the front page of roanoke.com right now indicating a Richmond circuit court judge has declined to grant Senate Democrats a temporary injunction preventing Republicans from taking working control of a chamber that’s split 20-20.
As lieutenant governor, Bill Bolling may cast the tie-breaking vote giving Republicans organizational control of the Senate and therefore a working majority in the General Assembly as a whole.
From Sluss’s story:
In an opinion issued this morning, Judge Beverly Snukals concluded that “the public interest would not be served by having a deadlocked Senate that is unable to agree on organization.”
UPDATED AT 3:37 P.M.
Here’s the statement from Sen. Don McEachin, the Henrico County Democrat who filed the motion for a temporary injunction:
“While I respectfully disagree with the outcome, it was purely a procedural decision. The judge determined that the matter was not ripe for a final determination on the merits. The opinion was not a decision on the merits of whether the Lieutenant Governor can vote on Senate organization.
“I call on the Republicans to respect the will of the voters and past history. The senate is evenly divided, 20-20 so committees and responsibilities and power should be divided to reflect that even split, just as the Republicans said in 1996. Even then Governor Allen spoke to the need for parity under these same circumstances.
“The Senate Democratic caucus will continue to explore all its options, both legal and procedural, to resolve this issue in a way that reflects the actual outcome on election day, not an arrogant partisan power grab, totally to the benefit of one Party that does not reflect a majority of the Senate.”
And here’s the statement from Lt. Gov. Bill Bolling:
“We are very pleased with the court’s decision. We think it is the right decision, and it is what we expected. Hopefully, Senator McEachin and the Democrats will accept the court’s decision, forgo further unnecessary litigation and join us in preparing for the upcoming session and focusing on the important issues facing Virginia families.”
December 16, 2011 - 11:06 AM
What a great day for Virginia!
Now, let’s let the General Assembly get on with governing while “we the people” hold both parties’ feet to the fire to legislate with the true interest of the people in mind when they vote.
@Jim — That’s the problem. Republicans have consistently demonstrated that they are utterly unwilling to serve any interest beyond the concerns of those who share their party-line ideology. I wish we’d hold them accountable, but Virginians seem so enamored with the illusion of fiscal responsibility that they weave that they’ll ignore everything else. Vote Republican, and they’ll drive us into debt funding the war machine their companies supply and give corporations absolute power to “trickle down” on the people. Vote Democratic, and they’ll drive us into debt with a ludicrous array of over-the-top social welfare policies. Is *anyone* really looking out for the people? Whatever happened to moderation?
Apparently the judge does not get the difference in legislation and organization. “…and the Governor might ultimately have to approve the matter or sign the legislation. For this Court to intervene at this point before the legislative process has even begun would be tantamount to issuing an impermissible advisory opinion.”
First, the GOP has already said no to power sharing as the Dems were willing to do in 1995.
Second, the organization of the chamber does not go to the governor and the only “process” is the vote that Bolling will deliver to make it a “fait accompli”. WOW, what a bunch of losers the GOP in Virginia is. Writing on the wall.
There’s a silver lining here for the Dems. If they can win Governor and LG in 2013, then they will have effective control over 2/3rds of state government. That’s a quick turnaround given where they are today.
I find it sad that the assumption is there will be a lot of 20-20 votes. I remember when parties didn’t always vote together in lockstep, when representatives were much closer to the center than the extreme fringes. Those were more civil times, and legislative bodies produced better legislation…or at least legislation that better represented the will of the people!
Here’s the statement from Sen. Don McEachin, the Henrico County Democrat who filed the motion for a temporary injunction:
“While I respectfully disagree with the outcome, it was purely a procedural decision. The judge determined that the matter was not ripe for a final determination on the merits. The opinion was not a decision on the merits of whether the Lieutenant Governor can vote on Senate organization.
“I call on the Republicans to respect the will of the voters and past history. The senate is evenly divided, 20-20 so committees and responsibilities and power should be divided to reflect that even split, just as the Republicans said in 1996. Even then Governor Allen spoke to the need for parity under these same circumstances.
“The Senate Democratic caucus will continue to explore all its options, both legal and procedural, to resolve this issue in a way that reflects the actual outcome on election day, not an arrogant partisan power grab, totally to the benefit of one Party that does not reflect a majority of the Senate.”
And here’s the statement from Lt. Gov. Bill Bolling:
“We are very pleased with the court’s decision. We think it is the right decision, and it is what we expected. Hopefully, Senator McEachin and the Democrats will accept the court’s decision, forgo further unnecessary litigation and join us in preparing for the upcoming session and focusing on the important issues facing Virginia families.”
– Mason Adams
Yet another Dem defeat.
This is certainly NOT a democratic defeat. All that the judge said was that the case was not ripe. In legal terms that means it is simply not ready to be heard. The Judge did NOT rule on the merits of the case. The democrats have plenty of ammunition in their argument based ON THE VIRGINIA CONSTITUTION which says that certain matters, selecting judges for example, must be done by “elected members of the General Assembly” Bill Boling is NOT “an elected member of the General Assembly.” He is an elected member of the Executive branch and is, by definition, NOT entitled to vote on the selection of judges. Even the Circuit Judge would agree with that once the matter IS “ripe” to be heard. Stay tuned.
No one is disputing that Bolling has the power to cast the deciding vote in the event of a 20/20 tie vote on legislation. This is about the ORGANIZATION of the chamber and committee chairs and assignments and using his “tie breaker vote” meant for legislative matters as a “tie breaking vote” to give the GOP a majority on the organization of the chamber is wrong. No judge and certainly no GOPer will convince me otherwise. There is a very real distinction, but I do agree with Gordon, the Dems should learn that their good will won’t be reciprocated and never offer to “share” when this happens again.
Are you all ignorant of the fact that the democrats supported the opinion that they now disagree with when they were looking at being inthe same position that the republicans are now in?
Why not try some intellectual honesty. BOTH parties do what is in their own party’s intrests. Both parties are responsible for the problems we have.
Wake up! Pointing fingers back and forth makes you a part of the problem as well.
We are the Roanoke Tea Party. We have a plan and we need your help.