Normally I am not one to delve too deeply into “conspiracy” theories, but we all know that when we are dealing with anyone named Clinton or any of their lackeys, like Va Governor Terry McAuliffe, it is hard not to at least consider that two things are related. Especially when the dots seem to connect themselves.
A year ago, Governor McAuliffe took a page out of Barack Obama’s playbook and used his power of recess appointment to place a judge from the 19th Circuit in Fairfax on the bench to replace a retiring Virginia Supreme Court Justice. Under the Virginia Constitution, such recess appointments last 30 days beyond the end of the next legislative session unless the Va House and Senate appoint the interim recess fill in to a full term.
After the General Assembly went into a Special Session, they declined to appoint McAuliffe’s pick, Jane Marum Roush to a term of her own, saying they prefer another pick.
The Senate abruptly adjourned without the required permission from the House and McAuliffe appointed Roush to a second recess appointment. This angered Republicans who, during the 2016 term removed Roush from the bench and appointed their pick, Stephen Richard McCullough to the bench.
At the time, I was wondering why McAuliffe was so hell bent on this replacement. Of course, a Liberal governor would appoint a liberal judge to the bench. They all deny politics has anything to do with it, but we all know better. And for the past 15 years or so, Republicans have been in charge and the court seems to have moved from a high Liberal mark of 60% liberal decisions to 59% Conservative ones in 2015. (Source.)
But it has always nagged at me why McAuliffe picked this fight and why he was so adamant about this pick – Roush. We all know that Democrats have a far better record of placing liberal activists on the bench than Republican do – especially on the US Supreme Court. Republicans seem to bat about .500 while Democrats have a perfect record.
But there is not a lot of information on partisanship of the Va Supremes. But Roush was appointed to the Circuit Court back when Doug Wilder was Governor and the Democrats held both State Houses. So the logical assumption is that Roush would be as reliable a liberal vote as Ruth Ginsberg i son the US Supreme Court.
But McAuliffe’s term ends next year. And there really isn’t (wasn’t) anything pending that would be of great interest to Terry. And most are of the opinion that the main reason the Clinton mega fund raiser wanted to be governor was to help Hillary win the presidency. He doesn’t care about the Commonwealth. He isn’t a native Virginian and has done very little to improve life here. But he has done a lot to0 advance the same far left causes Hillary supports – anti-gun, pro abortion, pro gay, etc. But these are playing out in the US Supreme Court.
So after the Republicans replaced Roush with McCullough, permanently foiling McAuliffe’s plan, the very next month McAuliffe announced an executive order granting blanket restoration of voting tights to every single convict in the state.
The past two Governors looked at restoring felon’s voting rights and both Republican Bob McDonnell and Democrat Tim Kaine concluded that the Virginia Constitution requires restoration decisions on a case by case basis – not blanket restoration.
Tim Kaine’s attorney wrote “A blanket order restoring the voting rights of everyone would be a rewrite of the law rather than a contemplated use of the executive clemency powers,” Mark Rubin wrote in 2010. “And, the notion that the Constitution of the Commonwealth could be rewritten via executive order is troubling.”
And who does this voter restoration help? Why Hillary Clinton, of course.
Bingo. The dots just connected!
So tomorrow, July 19, 2016 the Virginia Supreme Court will meet to decide if the Constitution of Virginia will prevail, or a governor’s executive order that rewrites the Virginia Constitution.
And we conspiracy theorists would have to surmise that McAuliffe was really hoping to have a friendly opinion on the bench to sweeten his chances.
And those of us who believe in Constitutions hope and pray that the actual wording of the document is the deciding factor, not liberal activist judges.