General Assembly approves McCullough as Virginia supreme court justice

After a tumultuous 48 hours in the Virginia General Assembly regarding filling a vacant post on the Virginia Supreme Court, both the House and Senate have completed voting and approved Judge Stephen McCullough to fill the position.

This vote is the result of several events in sequence:

1. Lt. Gov. Ralph Northam declaring the senate out of session this summer without the consent of the House of Delegates
2. Gov. Terry McAuliffe making the recess appointment of Judge Jane Roush to fill the vacancy until later confirmed
3. Senate Democrats voting en masse against Judge Rossie Alston, the GOP choice for confirmation, including Sen. Louise Lucas. Lucas was going to vote for Alston “But after meeting with Gov. Terry McAuliffe and Sen. A. Donald McEachin, head of the Senate Democratic Caucus, Lucas quickly backtracked and said she still supports Roush, the governor’s pick for the high court” reported the Richmond Times-Dispatch in February.
4. After failing to confirm Alston, Senate Majority Leader Tommy Norment dropping a bombshell that former Attorney General Ken Cuccinelli would be nominated for the post
5. Democrats, including Northam, going absolutely apoplectic over the Cuccinelli nomination. Northam richly saying, “I cannot think of a more cynical and obvious attempt to politicize the judicial process than to nominate Ken Cuccinelli to the Supreme Court of Virginia. And, with just a few days left in Session, making this nomination in the twelfth hour leaves little to no time for the public, the legal community, and other stakeholders to weigh in and discuss this with their legislators.”
6. Cuccinelli “prayerfully considering” the post, only to withdraw his name from consideration.

To this:

“I know Ken would have made, and I hope someday will make, an outstanding justice,” said [Senator Richard Stuart, who amended his bill replacing Cuccinelli with McCullough]. “But, I understand family considerations must come first. Ken strongly recommended Judge McCullough, who has an impeccable reputation on the bench, for the vacancy, and I am pleased to advance and support his nomination to the Court.”

“Having worked with Steve McCullough during my service as Attorney General, I know he has a spectacular mind, is principled on the law, and has been an outstanding Appeals Court jurist,” noted Cuccinelli. “He is an excellent choice to serve as justice.”

“Our Caucus strongly supported Judge Alston for this vacancy, and he has consistently acquitted himself with dignity and grace throughout this ordeal,” noted Senate Courts of Justice Committee Chairman Mark D. Obenshain (R-Rockingham). “Judge Alston would have been, and I hope one day will be, an outstanding addition to the Court. But, the Governor and General Assembly Democrats denied this exceptional jurist this opportunity to serve on the Court.”

“Judge McCullough will be elected by the Senate and the House before the General Assembly adjourns Sine Die,” remarked Senate Majority Leader Thomas K. Norment, Jr. (R-James City). “The General Assembly will have fulfilled its constitutional obligation to fill judicial vacancies, the best efforts of some to thwart that notwithstanding.”

And finally:

“Today, the Virginia General Assembly fulfilled its constitutional duty by electing Judge McCullough to the Virginia Supreme Court,” said House Speaker William J. Howell (R-Stafford). “Despite repeated misguided attempts to circumvent the clear language of the Constitution of Virginia, legislators reaffirmed their exclusive responsibility to elect judges to Virginia’s courts.

“Judge McCullough is an eminently qualified jurist who will make an outstanding addition to Virginia’s highest court. We are grateful to him for his willingness to serve the Commonwealth.”

“Today’s vote ends a seven-month-long attempt to usurp the constitutional authority of the General Assembly,” said Senate Majority Leader Thomas K. Norment, Jr. (R-James City). “The united commitment of House and Senate Republican leadership to fulfill our duty by filling this vacancy has overcome unconstitutional attempts to adjourn last August’s special session and to cede legislative authority to the executive.

“Judge McCullough’s election closes this chapter in Virginia history. Upon reflection, it is our hope that our Democrat colleagues will examine and reflect upon their efforts to deny another outstanding jurist, Judge Alston, this opportunity to serve on the Court.”

“We have been reminded in recent months of the critical role the judiciary plays in our government,” said Senate Courts of Justice Committee Chairman Mark D. Obenshain (R-Rockingham). “To protect our rights and liberties, we must elect judges who will adhere to the Constitution and apply the law as written. Judge McCullough has already demonstrated he is a principled jurist of outstanding character. We are fortunate to have him on the Supreme Court.”

“Judge McCullough is an experienced appellate judge who will make significant contributions to the Supreme Court,” said House Courts of Justice Committee Chairman Dave Albo (R-Fairfax). “Throughout the last 19 years, he served the Commonwealth with the utmost distinction. From his time in the Attorney General’s office as Solicitor General and an Assistant Attorney General to his current tenure on the Court of Appeals, Judge McCullough has gained wide respect from his peers.”

McCullough worked in the Office of the Attorney General from 1999-2011 and is succeeding Justice LeRoy Millette.