House of Delegates Speaker Bill Howell ruled two of Governor McAuliffe’s budget vetoes unconstitutional tonight. Declaring them to be out of order, Speaker Howell did not allow votes to override or sustain those vetoes during tonight’s session to take up the Governor’s budget actions. As we noted in our analysis last week that tracked closely with the Speaker’s rationale, the Speaker found that Virginia’s Constitution and Supreme Court precedent did not permit the Governor to issue vetoes on two specific issues, the veto of the Stanley Amendment, as well as a veto of funding for judicial appointments.
The House overrode the Governor’s veto of the ethics provisions in the budget.
The Speaker issued the following statement on the House’s action tonight:
“Today, a point of order was raised on the floor of the House of Delegates regarding the propriety of two purported vetoes issued by Governor Terry McAuliffe. As Speaker of the House, it is my responsibility to make rulings on such questions when they arise.
“The Governor’s vetoes of Item 301, Section TTT, Paragraph 9 and Item 468 L are unconstitutional and therefore not properly before the House. This is a decision consistent with rulings made by past Speakers and opinions issued by the Supreme Court of Virginia.
“In multiple instances, the Supreme Court of Virginia has defined an item as “an indivisible sum of money dedicated to a stated purpose” and added that the Governor cannot veto conditions or restrictions without also vetoing the appropriation. The Court has also stated unequivocally that the Governor may not veto part of an item.
“In the instance of Item 301, Section TTT, Paragraph 9, the section is not connected to an indivisible sum of money and therefore does not constitute an item, as the Court has defined, subject to the Governor’s veto authority. Also, the section by its nature is a condition placed on all “general or nongeneral funds” included in the budget. In other words, the Governor has purported to veto a section that does not constitute an item subject to his veto authority and attempted to veto conditions or restrictions without also vetoing the appropriation.
“In the instance of Item 468 L, the Governor has purported to veto all funding for new judgeships as well as corresponding conditions and restrictions. However, Item 468 L is a supplemental appropriation attached to Items 39, 40 and 41 of House Bill 5002. In other words, the Governor has failed to veto the entire item in question.
“These are not decisions I make lightly. As I have said before, I am committed to upholding the procedures, rules, traditions and integrity of the office of Speaker and the Virginia House of Delegates. I cannot idly allow unconstitutional actions to be considered by this body. To do otherwise would be an unacceptable acquiescence of legislative branch authority.”
Majority Leader Tommy Norment had this to say about the Speaker’s rulings:
“Speaker Howell’s rulings regarding the Governor’s actions are fully supported by the Constitution of Virginia and by unambiguous and on-point rulings by the Supreme Court of Virginia.
“Although it is not novel for the Executive Branch to attempt to expand its authority, it is disappointing that this Governor opted to do so in a manner clearly contradicting established precedent and previous case law.
“There is a clear process established by the Constitution of Virginia that would permit Governor McAuliffe to enact the changes he supports. That process, however, requires the General Assembly approve of those changes. That is not optional. Attempts to bypass or overrule the General Assembly by fiat undermine our Constitution and the rule of law.
“It is my hope that Governor McAuliffe will abandon his efforts to unilaterally impose Obamacare’s Medicaid expansion scheme on the people of Virginia. When it comes to enacting laws and budgets, there are neither shortcuts nor work-arounds. To enact a change this consequential, the Governor must first persuade the people of its necessity and earn the support of their elected representatives in the House and Senate. As evidenced by the passage of House Bill 5002, he has so far failed in that task.”
The House has recessed until 7:30 PM, pending Senate action. The Senate has just returned to session.
It does not appear that the Speaker ruled on the veto of the MIRC.
We will update this post as we get more information.
UPDATE:
It’s unclear what is happening now. At around 7:40, after a few minutes in session the Senate recessed until 7:50. They have not come back in to session as of now (8:10 PM). The House has recessed subject to the call of the chair as they await the Senate’s action on the override of the ethics veto.
UPDATE X2:
The House isn’t bothering to wait around for the Senate at this point and has adjourned.
House adjourned. Headed back home to Loudoun. The trip to Richmond was 3hrs earlier today due to traffic; hoping for 2hrs return. #HOD87
— Del. David Ramadan (@DavidIRamadan) June 24, 2014
UPDATE X3:
The Senate is back in session has sustained the Governor’s veto on the funding for the Ethics Commission. So we now have an Ethics Commission (the authorization was passed) but the Democrats have vetoed the funding for the Commission. Not exactly our finest hour here in Virginia.
UPDATE X4:
The Governor has issued a statement, and it appears that we were correct and the Speaker did not hold the veto of the MIRC out-of-order. Just the Stanley Amendment and the judicial vetoes. By sustaining the veto on the MIRC, all of the language that the Governor could have possibly used to expand Medicaid has been removed from the budget – at least, that’s my reading at this point. We will see what Item 301 looks like after the bill is engrossed.
Here’s the Governor’s statement:
Governor Terry McAuliffe released the following statement this evening after the General Assembly failed to override any of his line item vetoes to the 2015-2016 biennial budget:
“I am pleased that the General Assembly upheld six of the eight vetoes that I applied to the budget without controversy.
“With respect to the Speaker’s ruling on my veto of the Stanley floor amendment, I am continually surprised and disappointed by the lengths to which Republicans in the House of Delegates will go to prevent their own constituents from getting access to health care. Instead of putting all of my vetoes through the process prescribed by the Constitution of Virginia, House Republicans robbed the voters of their voice by using a procedural gimmick to obstruct the normal legislative process where this veto was concerned. If my veto was as objectionable as House leadership claimed, they should not have had any difficulty overriding it in both chambers. Instead, the Speaker elected to exercise powers that the Constitution of Virginia reserves solely for members of the Judicial Branch.
“As my team and I evaluate the House’s failure to override my veto, I remain focused on expanding access to health care for Virginia residents, and I intend to move forward on that goal as I have promised. Virginians elect their leaders to act in their best interests, not to bog good public policy down in parliamentary gimmicks.
“With respect to the his ruling on the judges veto, Speaker Howell once again resorted to procedural tricks in order to prevent the representatives of the people of Virginia from voting on the vetoes that I lawfully submitted to the General Assembly. I have no objection to the General Assembly’s authority to appoint these judges while in session; my veto was aimed at defending the powers of the Governor against an unconstitutional overreach by the legislature. It is unfortunate that the Speaker elected to cast these judicial slots into unnecessary uncertainty, particularly after I proposed a straightforward legislative remedy this afternoon. My team and I will evaluate the Speaker’s ruling on this veto and I will take the actions I deem best for the people who elected me to serve.”
UPDATE X5:
Senate is now moving to reorganize, with Republicans holding all the gavels. The LG has ruled the motion to reorganize is out of order, and Senate Norment moved to overrule the Chair’s decision.
That vote requires a simple majority, which the Republicans have.
UPDATE X6:
After a mistaken first vote, the body overruled the chair and the Senate has reorganized.
Whoever voted wrong needs to be teased mercilessly.
Senator Stosch has been elected the new President Pro Tempore of the Senate.
