![[Photo of Jim Gilmore at VCLC]](http://bdbackup.wpengine.com/wp-content/uploads/2008/04/gilmorevclc1.jpg)
Well that didn’t take long. Former Governor (and former Attorney General) Jim Gilmore chimes in with a thoughtful rejection of Mark “Red” Herring’s violence towards the Virginia Constitution:
During his campaign for Attorney General, Mr. Herring bitterly campaigned against the record of Attorney General Ken Cuccinelli, complaining that he often made legal decisions based on his political views, and not the law. This action by Attorney General Herring is the exact same conduct of which he complained.
I believe it is an easier position to disapprove the actions of a Virginia agency and to withdraw from representation when he believes the agency is wrong, so long as he appoints private counsel to represent the agency. This action is different. With this action Attorney General Herring takes it upon himself to declare unconstitutional the provision of the Virginia Constitution, which he is sworn to uphold. I believe this to be wrong.
When I was Attorney General I was asked to declare unconstitutional a provision of Virginia election law. I declined to take that action because I believed it to be the role of a court to make such a declaration, not an office of the executive branch. The Attorney General relies on a United States Supreme Court decision that does NOT invalidate the provisions of state Constitutions that limit marriage to those of the opposite sex.
Sadly, this action by the Attorney General of Virginia underscores a disturbing trend in the national administration. President Obama also displayed disregard for the proper role of the legislature and the executive and judicial branches. President Obama said: “We’re not just going to be waiting for legislation in order to make sure that we’re providing Americans the kind of help they need. I’ve got a pen and I’ve got a home.”
