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Ken Cuccinelli Could Be Virginia’s Scalia

I was thrilled to hear the news in the Pilot Online (The editorial board just lost their lunch today!) and confirmed at the Richmond Times-Dispatch:  Former AG and gubernatorial candidate Ken Cuccinelli has been nominated by the Senator Courts of Justice Committee for the Virginia Supreme Court:

The Senate Courts of Justice Committee today placed former Attorney General Ken Cuccinelli’s name in nomination for the state Supreme Court to succeed Justice Jane Marum Roush.

And Senator Sturtevant seems on board:

Sen. Glen H. Sturtevant Jr., R-Richmond, who has thwarted GOP efforts to replace Roush, backed Cuccinelli in committee today and says he would support Cuccinelli on the floor.

I have had my differences with Cuccinelli but I think he would be a wonderful justice. I even think he could be Virginia’s Scalia.

Some of my readers will groan:  No, not Ken Cuccinelli!  The guy who wants to invade bedrooms and use superseded statutes for a personal agenda.

I can hear that criticism although I would disagree with it.  Only the state supreme court or the US Supreme Court can definitely declare a state law unconstitutional on Federal grounds – not the Fourth Circuit.  The Attorney General is honor and duty bound to defend ALL the state laws and constitutional provisions – not pick and choose what laws to defend and not.

Also an advocate for a client (even the state) is not the same as the judicial philosophy of a judge/justice.  I would suggest that a Justice Cuccinelli would have a proper respect for judicial restraint and an appropriate respect for the actions of elected bodies.  I also would suggest a respect for precedent as necessary to bring stability in the law.

Cuccinelli also co-authored three (at least) law journal articles (with former Virginia Solicitor General E. Duncan Getchell, Jr., considered seriously for a Fourth Circuit judgeship and former Deputy Attorney General Wesley G. Russell, Jr., now a judge on the Virginia Court of Appeals) one at the invitation of the law journal (not a bad law journal to ask you to write an article:  The Harvard Journal of Law and Public Policy!) on judicial compulsion and the public budget.

I would urge the General Assembly to quickly confirm Ken Cuccinelli as a Justice of the Supreme Court of Virginia.  I think he could be a Scalia for Virginia.

PS:  It would be nice if one or two Democrat senators could vote for Ken – the two most likely are Senator Lynwood Lewis in Hampton Roads and perhaps Senator John Edwards in Roanoke area.  Both moderates in rural areas.  If you live in their district – contact them.  Here is Lewis’ info and here is Edwards’.

About Elwood Sanders

Elwood "Sandy" Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia's first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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