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 2 hours later)
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.
RICHMOND — Republicans in the Virginia Senate on Wednesday approved Gov. Terry McAuliffe’s embattled state Supreme Court pick, but only as part of a complicated procedural scheme that could give the GOP the element of surprise as it seeks 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, McAuliffe’s choice for the state’s highest court.
The GOP-controlled Senate voted for former justice Jane Marum Roush, McAuliffe’s choice for the state’s highest court. But the House promptly rejected her, with 38 delegates voting for her and 55 taking the rare step of voting against the nominee.
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.
Legislators opposed to judicial candidates typically leave the chamber rather than vote “nay,” out of deference to the office.
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 purpose of the exercise was both symbolic and procedural. By taking up a joint House-Senate resolution to elect Roush, the legislature got the judicial-election process rolling. It is a long, cumbersome process that requires legislators to act as messengers, scurrying back and forth between chambers to report on a series of procedural votes.
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.
With that step behind them, Senate Republicans are now free to put another name up for an immediate vote — avoiding delays that could give Democratic leaders time to pressure potential defectors back into the party fold. Earlier this session, Republicans convinced two Democratic lawmakers to support GOP-backed nominees for the court appointment, only to see those deals fall apart after word got out.
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.
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.
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.
“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.
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 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 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 they prefer Judge Rossie D. Alston Jr., who has served on the Court of Appeals since 2009. Republicans also have said that McAuliffe violated protocol by not consulting them on the choice.
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.
Republicans have the votes in the House to install Alston, but they are one vote short in the closely divided Senate, where freshman Glen Sturtevant (R-Richmond) has refused to go along with his party’s plan.
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.
Republicans were tight-lipped about how Wednesday’s maneuvering might ultimately advance Alston’s prospects. But some said privately that it could pave the way for a quick floor vote on Alston when and if they can convince one more senator to support him.
Asked about his motion, Stanley indicated that he would be happy to have either Roush or Alston in the slot.
“We’ll see the drama play out,” said Sen. Mark D. Obenshain (R-Rockingham), chairman of the Courts of Justice committee.
“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.”
One day in late January, Sen. Kenneth C. Alexander (D-Norfolk) said he was considering voting for Alston, but hours later he said he had decided to support Roush.
But he also indicated that his move could push the issue along one way or another.
Soon after that, 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.
“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.”
