It’s not uncommon these days, in a world of never-ending news cycles, to see a politician running for office say something stupid. What is uncommon is to see a political running for office say something stupid in a planned press release. Even more uncommon is to see a politician shoot themselves in the foot not once but twice in the same statement.
Mark Herring achieved all of this today in one sentence of a press release today.
As Attorney General, I will protect the civil rights of all Virginians and use the powers of the office to promote equality while we work to change Virginia’s current law which prohibits same-sex marriage.
Herring was reacting to the DOMA decision, which vacated the federal government role in marriage, leaving it to the states to decide. As you’re likely aware, Virginia in 2006 passed the Newman-Marshall Amendment to the Virginia Constitution by a wide margin, 57% to 43%.
That means Virginia law is marriage = man + woman. Whether you voted for it or not, it is Virginia law. Herring of course voted for it, but now changed his mind. That’s fine, he’s entitled to flip flop as he wishes. What is not entitled to do however, is run for office as the Attorney General and pick and choose which laws he will defend.
Mark Herring’s statement today announced to Virginians that he does not agree with Virginia law. (not the first time this has happened) What is damning about his press release is his inclusion of ‘powers of the office…while we work to change Virginia law’.
Herring is saying that he will use the Attorney General’s office to overturn Virginia law that he personally does not agree with. At what point does that stop? While he’s pushing his agenda on the General Assembly, Virginia is sued, does he defend the very law he’s working to overturn? The plaintiff counsel (and the judge) will laugh him out of the courtroom.
What other laws will Mark Herring work through the Attorney General’s office to overturn? Right to work? Tax code? Abortion? Guns?
The Attorney General represents the COMMONWEALTH, not themselves. Recall Ken Cuccinelli, an avid gun rights supporter, upon George Mason University announcing gun restrictions through regulation and in turn was sued by the Virginia Citizens Defense League, defended GMU. Despite his personal disagreement, he knew his role. He didn’t use the ‘powers of the office’ to overrule GMU.
Herring’s intent to use the AG’s office as an agent for vendettas that run counter to the beliefs of Virginians is a dangerous proposition.
The second feat Herring pulled off?
Herring has campaigned on ‘getting the politics out of the Attorney General’s office.’
His statement today shows that not only does he intend to politicize the Attorney General’s office, he intends to take it further than any AG in Virginia history. Working to overturn amendments to the Virginia Constitution while picking and choosing which laws he defends, it’s becoming clear that Mark Herring does not understand what the role of the Attorney General is.
Again, Mark, you do not CREATE the law. You DEFEND the law.
So where does Mark Herring stand? With his personal opinions? Or with Virginians and Virginia law. Based on his DOMA release, he stands with himself, which would disqualify him from the Attorney General’s office.
I reached out to Herring’s campaign to try and clarify where Herring stood in relation to the law. Unsurprisingly, didn’t receive a response.
