Former Attorney General Ken Cuccinelli was nominated to the Virginia Supreme Court on Tuesday after the senate failed in the number of votes necessary to approve Appeals Court Judge Rossie Alston. The Washington Post reported:
A Virginia Senate panel on Tuesday nominated former attorney general Ken Cuccinelli II to the Virginia Supreme Court, a move aimed at handing Gov. Terry McAuliffe a particularly bitter defeat in a long-running judicial battle.
McAuliffe (D) narrowly defeated Cuccinelli (R) in the 2013 governor’s race.
Sen. Richard Stuart (R-Stafford) proposed Cuccinelli after the Senate failed to muster the votes needed to elevate Appeals Court Judge Rossie D. Alston Jr. to the state Supreme Court.
Republicans have pressed since January to put Alston in the slot, which McAuliffe had twice given to former Fairfax County Circuit Court judge Jane Marum Roush on a temporary basis.
Both times, the Republican-controlled legislature declined to give Roush a full 12-year appointment. Her most recent appointment expired in February, leaving her unemployed and the court shorthanded.
…
Republicans have a large majority in the House and could easily muster the votes in that chamber to install Alston. But they have been one vote short in the closely divided Senate, where freshman Glen Sturtevant (R-Richmond) has refused to go along with his party’s plan.
The full Senate appears likely to take up Cuccinelli’s nomination Wednesday.
There is more at the Virginian-Pilot. Watch Bearing Drift for more updates as this story develops.
Update 1 (J.R.): You gotta love this statement from the State Senate:
“Attorney General Cuccinelli is extremely well qualified to serve on the Court, and he will receive an affirmative vote from all 21 members of the Senate Republican Caucus,” noted Senate Majority Leader Thomas K. Norment, Jr. (R-James City).
“The intransigence of the Governor and the Senate Democratic Caucus led us to examine qualified candidates who could fill this vacancy and secure the constitutionally required 21 votes in the Senate and 51 votes in the House. While I would never want to usurp the prerogative of the House, I can confirm that Attorney General Cuccinelli will receive 21 votes in the Senate.
“We plan to have the full Senate take up and vote on the Attorney General.”
Not sure anyone saw this coming!
Update 2 (J.R.): Did we mention that it was Senate Resolution 42 for Judge Alston? An African American jurist? And No. 42 was Jackie Robinson’s number? Just in case you were wondering, here are all the Democrats who voted against confirming a black justice to the state supreme court:
NAYS–Alexander, Barker, Dance, Deeds, Ebbin, Edwards, Favola, Howell, Lewis, Locke, Lucas, Marsden, McEachin, McPike, Miller, Saslaw, Surovell, Wexton–18
Update 3 (Ken): Never mind. Cooch apparently wasn’t consulted before the story was leaked, and after “prayerfully reviewing” the idea with his wife, he decided he’s not interested. The Republicans are now putting forward Court of Appeals Judge Stephen McCullough.
