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GOP backs McAuliffe’s Supreme Court pick, but maybe only for the moment GOP backs McAuliffe’s Supreme Court pick, but maybe only for the moment
(about 1 hour later)
RICHMOND — Republicans voted Wednesday to subject Gov. Terry McAuliffe’s embattled Supreme Court pick to a Senate floor vote, a move said to be part of a complicated procedural scheme to install someone else in the slot. RICHMOND — Republicans voted Wednesday to subject Gov. Terry McAuliffe’s embattled state Supreme Court pick to a Senate floor vote, a move said to be part of a complicated procedural scheme to install someone else in the slot.
At the suggestion of Sen. William Stanley (R-Franklin), the Senate Courts of Justice Committee voted to certify former justice Jane Marum Roush for the state’s highest court. At the suggestion of Sen. William Stanley (R-Franklin), the Senate Courts of Justice Committee voted to certify former justice Jane Marum Roush, McAuliffe’s choice for the state’s highest court.
Stanley’s move to certify Roush caught many observers by surprise, but several Republicans said it should not be interpreted as a change of heart. Instead, they said it was an effort to break a stalemate and put Appeals Court Judge Rossie D. Alston Jr. in the slot instead. Stanley’s move to certify Roush caught many observers by surprise, since the action advanced her name to the Senate floor, where the Republican-led chamber voted 22-to-0 to elect her early Wednesday evening.
But the House promptly rejected her by a 38-to-55 vote. The purpose of the exercise was twofold, according to Republicans who spoke privately in order to discuss private party strategy.
The move closed off any chance that Roush will be elected this session, since the legislature is barred from installing any judicial candidate that either chamber has rejected that session.
And by taking up the resolution to elect her, the Senate got the judicial election process rolling — making it procedurally possible to put other names up for a floor vote.
But the lawmakers’ choice - Appeals Court Judge Rossie D. Alston Jr. - was not put forward Wednesday, as House Speaker William J. Howell (R-Stafford) moved to suspend action for an unspecified period of time.
Republicans said none of the day’s action should be interpreted as a change of heart on the part of the GOP, which has opposed Roush since summer. Instead, they said it was an effort to break a stalemate and install Alston.
“Today, the House of Delegates exercised its constitutional prerogative, refusing to elect Governor McAuliffe’s interim appointment to a full term on the Supreme Court,” Howell said in a written statement. “The House remains unequivocally committed to electing Judge Rossie Alston to the Supreme Court.”
Republicans were tight-lipped about how certifying Roush might ultimately advance Alston’s prospects. But some said privately that it could pave the way for a procedural maneuver, such as swapping his name for hers once the resolution to elect her comes to the floor.Republicans were tight-lipped about how certifying Roush might ultimately advance Alston’s prospects. But some said privately that it could pave the way for a procedural maneuver, such as swapping his name for hers once the resolution to elect her comes to the floor.
“We’ll see the drama play out,” said Sen. Mark Obenshain (R-Rockingham), chairman of the committee. “We’ll see the drama play out,” said Sen. Mark D. Obenshain (R-Rockingham), chairman of the committee.
McAuliffe (D) has twice put Roush on the bench temporarily, but both times the Republican-controlled legislature has declined to give her a full, 12-year appointment. Her most recent appointment expired in February, leaving her unemployed and the court shorthanded.McAuliffe (D) has twice put Roush on the bench temporarily, but both times the Republican-controlled legislature has declined to give her a full, 12-year appointment. Her most recent appointment expired in February, leaving her unemployed and the court shorthanded.
Republicans have not questioned the qualifications of Roush, a highly regarded former Fairfax Circuit Court judge who has presided over many high-profile cases, including the trial of D.C. area sniper Lee Boyd Malvo.Republicans have not questioned the qualifications of Roush, a highly regarded former Fairfax Circuit Court judge who has presided over many high-profile cases, including the trial of D.C. area sniper Lee Boyd Malvo.
But they have noted that judicial appointments are theirs to make and that they prefer Alston, who has served on the Court of Appeals of Virginia since 2009. Republicans also have said that McAuliffe violated protocol by not consulting them on the choice. But they have noted that judicial appointments are theirs to make and they prefer Alston, who has served on the Court of Appeals of Virginia since 2009. Republicans also have said that McAuliffe violated protocol by not consulting them on the choice.
[Time runs out — again — for McAuliffe’s Supreme Court pick][Time runs out — again — for McAuliffe’s Supreme Court pick]
Republicans have the votes in the House to install Alston but are one vote short in the closely divided Senate, where freshman Republican Glen Sturtevant (Richmond) has refused to go along with plans to replace Roush.Republicans have the votes in the House to install Alston but are one vote short in the closely divided Senate, where freshman Republican Glen Sturtevant (Richmond) has refused to go along with plans to replace Roush.
Senate Republicans have twice had their hopes raised by the possibility that one or two members of the black caucus would cross party lines to support Alston, who is black. But that has never come to pass. Senate Republicans have twice had their hopes raised by the possibility that one or two members of the black caucus would cross party lines to support Alston, who is black. But that has not happened.
One day in late January, Sen. Kenneth C. Alexander (D-Norfolk) said he was considering voting for Alston, but hours later said he had decided to support Roush. Then Sen. L. Louise Lucas (D-Portsmouth) voted in the courts committee to support Alston and said she would also back him in a floor vote, but she changed her position after meeting privately with McAuliffe.
Asked about his motion, Stanley indicated that he would be happy to have either Roush or Alston in the slot.Asked about his motion, Stanley indicated that he would be happy to have either Roush or Alston in the slot.
“I have the utmost respect for both Judge Alston and Justice Roush and have had so my entire career,” he said. “I have practiced before each one of them. I consider them excellent candidates. And if a nomination comes to the floor, I would vote for either one of them.” “I have the utmost respect for both Judge Alston and Justice Roush,” he said. “I have practiced before each one of them. I consider them excellent candidates. And if a nomination comes to the floor, I would vote for either one of them.”
But he also indicated that his move could push the issue along one way or another.But he also indicated that his move could push the issue along one way or another.
“I don’t know if this will resolve the issue,” Stanley said, “but standing on this matter is certainly no way to resolve it either.”“I don’t know if this will resolve the issue,” Stanley said, “but standing on this matter is certainly no way to resolve it either.”