Republicans File Lawsuit On Felon Rights Restoration, Will Lose the PR War
Republicans announced today that they are filing a lawsuit regarding Gov. Terry McAuliffe’s blanket executive action to restore civil rights to more than 200k Virginia felons – ironically on the same day the Supreme Court unanimously dismissed their lawsuit to restore congressional district lines.
The two cases could not be more similar and the outcomes could not be more likely to be the same.
That said, the House GOP argues:
Governor Terry McAuliffe exceeded the authority granted to him by the Virginia Constitution and we simply cannot ignore this unprecedented executive overreach. Along with fellow citizens, we are asking the Supreme Court of Virginia to stop the implementation of the order and any similar orders he may issue in the future. The case against the Governor’s executive order is overwhelming. A plain reading of the Constitution, 240 years of practice, and precedent-setting Virginia Supreme Court cases lead to the unambiguous conclusion that the Governor’s order is unconstitutional and cannot stand.
The reality is Republicans are probably right on this issue – if you are looking at it from a balance of power/constitutional/limited government perspective. The governor did something even former Gov. Tim Kaine wouldn’t do. Instead of reviewing each case individually and determining if a person truly has paid their debt to society, which includes considering “the violence of the offense, the number of offenses, or whether the offender has paid his victim’s medical bills,” as Del. Rob Bell stated today – McAuliffe indiscriminately and unprecedentedly waved his magic pen and “poof” civic rights for all – including jury duty, voting, and, ironically, an easier time getting a firearm. (McAuliffe suddenly courting a VCDL endorsement for Hillary?)
However, while the boring, straightforward, conservative argument might make the Republicans right on the restoration issue, they will completely lose because being correct on constitutional and rule of law issues is not popular and is rife with rhetorical problems.
Case in point, mere moments after the Republicans made the announcement regarding filing the lawsuit, the Democratic Party of Virginia portrayed Republicans as obstructionist, out of touch, fearful, racist and bent on disenfranchising voters. That’s a lot of hyperbole to overcome when all you’re trying to do is follow the state constitution and do what’s right.
“Virginia Republicans want to block certain people from voting, it’s that simple. Virginia Republicans are clinging on to Civil War Era laws that were passed with the intent of preventing African Americans from voting, it’s that simple. Virginia Republicans won’t even consider trying to earn the votes of those who have served their time and re-entered their communities; they instead opt for yet another lawsuit.
To top it off, regarding today’s decision by US Supreme Court, DPVA couldn’t use the words “racial gerrymandering” enough – this despite the lines at one point having bipartisan support in the General Assembly.
We’ve seen it time and again. Republicans just can’t win the war of the words.
Lament all you want – but this case is over probably before it began. If following the Voting Rights’ Act and Article II of the US Constitution can’t protect you, there’s little doubt that Republicans are doomed to lose again.
Instead, let’s forget the lawsuits and do the hard work of outreach and demonstrating why conservatism matters and actually serves people better than the empty and, frankly ugly, language of the left.
