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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 |
| (35 minutes later) | |
| 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. | 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. |
| 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. | 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. |
| Legislators opposed to judicial candidates typically leave the chamber rather than vote “nay,” out of deference to the office. | Legislators opposed to judicial candidates typically leave the chamber rather than vote “nay,” out of deference to the office. |
| 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 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. |
| 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 thought they had persuaded two Democratic lawmakers to support GOP-backed nominees for the court appointment, only to see those potential deals fall apart after word got out. | |
| 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. |
| [Time runs out — again — for McAuliffe’s Supreme Court pick] | [Time runs out — again — for McAuliffe’s Supreme Court pick] |
| 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. | 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. |
| 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. | 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. |
| 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. | 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. |
| “We’ll see the drama play out,” said Sen. Mark D. Obenshain (R-Rockingham), chairman of the Courts of Justice committee. | “We’ll see the drama play out,” said Sen. Mark D. Obenshain (R-Rockingham), chairman of the Courts of Justice committee. |
| 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. | 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. |
| 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. | 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. |