Category Archives: state

Ken Cuccinelli Could Be Virginia’s Scalia

I was thrilled to hear the news in the Pilot Online (The editorial board just lost their lunch today!) and confirmed at the Richmond Times-Dispatch:  Former AG and gubernatorial candidate Ken Cuccinelli has been nominated by the Senator Courts of Justice Committee for the Virginia Supreme Court:

The Senate Courts of Justice Committee today placed former Attorney General Ken Cuccinelli’s name in nomination for the state Supreme Court to succeed Justice Jane Marum Roush.

And Senator Sturtevant seems on board:

Sen. Glen H. Sturtevant Jr., R-Richmond, who has thwarted GOP efforts to replace Roush, backed Cuccinelli in committee today and says he would support Cuccinelli on the floor.

I have had my differences with Cuccinelli but I think he would be a wonderful justice. I even think he could be Virginia’s Scalia.

Some of my readers will groan:  No, not Ken Cuccinelli!  The guy who wants to invade bedrooms and use superseded statutes for a personal agenda.

I can hear that criticism although I would disagree with it.  Only the state supreme court or the US Supreme Court can definitely declare a state law unconstitutional on Federal grounds – not the Fourth Circuit.  The Attorney General is honor and duty bound to defend ALL the state laws and constitutional provisions – not pick and choose what laws to defend and not.

Also an advocate for a client (even the state) is not the same as the judicial philosophy of a judge/justice.  I would suggest that a Justice Cuccinelli would have a proper respect for judicial restraint and an appropriate respect for the actions of elected bodies.  I also would suggest a respect for precedent as necessary to bring stability in the law.

Cuccinelli also co-authored three (at least) law journal articles (with former Virginia Solicitor General E. Duncan Getchell, Jr., considered seriously for a Fourth Circuit judgeship and former Deputy Attorney General Wesley G. Russell, Jr., now a judge on the Virginia Court of Appeals) one at the invitation of the law journal (not a bad law journal to ask you to write an article:  The Harvard Journal of Law and Public Policy!) on judicial compulsion and the public budget.

I would urge the General Assembly to quickly confirm Ken Cuccinelli as a Justice of the Supreme Court of Virginia.  I think he could be a Scalia for Virginia.

PS:  It would be nice if one or two Democrat senators could vote for Ken – the two most likely are Senator Lynwood Lewis in Hampton Roads and perhaps Senator John Edwards in Roanoke area.  Both moderates in rural areas.  If you live in their district – contact them.  Here is Lewis’ info and here is Edwards’.

Article written by: Elwood "Sandy" Sanders

Vince Haley Withdraws from Republican Party of Va Chairman’s Race

Vince Haley emailed VA Right today a statement that he is withdrawing from the race for RPV Chairman. Here is his full statement:

Today, I have decided to withdraw from the race for RPV Chairman.

I entered the race at the 11th hour because I firmly opposed the now-rescinded RPV loyalty pledge. I believe that a Virginia Republican Party that is failing to keep its promises has very little standing to demand such an arbitrary pledge of loyalty, especially from its most ardent supporters.

The loyalty pledge was also deeply troubling because RPV had a better nomination process available in the form of a Republican-run statewide convention to choose a Republican candidate for president. If the desire of Virginia Republicans is to nominate candidates who will best defend the principles of the Republican Creed – which it should be – then conventions are the best way to nominate those types of Republicans.

Republican grassroots – not career politicians – are the ultimate keepers of the principles of the Republicans party.

To the extent Republican grassroots are in charge of our nomination process, we will be a party of principle.

To the extent Republican grassroots are diminished in our nomination process, we will tend toward a party of power over principle.

If anyone doesn’t think it matters how we choose our Republican nominees, then ask how has it come to pass that Virginia Republicans have supported three large state tax increases over the last 12 years accompanied by a doubling of state spending. Ask why it is that some Virginia Republicans are now voting in favor of gender ideology in our laws. Ask why some of our Republicans in Congress failed to follow through on defunding executive amnesty, Obamacare, and Planned Parenthood.

I entered the race to make the case for a Republican party that keeps it promises. The RPV loyalty pledge was a clear example of the machinations that allow elected officials to step on the scales in favor of their “chosen” candidates. It provided yet another example of how things have gone wrong and why so many voters who ardently share the principles of our party have become totally disillusioned with participating in the political process.

Now that the loyalty pledge has been rescinded, and after spending some time evaluating the race, I realize that the biggest rationale for my candidacy has, in a sense, been resolved.

Nevertheless, there is still a critically important conversation to be had about how we can do better as a party to uphold and defend our principles. I am committed to being a constructive voice in that conversation, and I wish John Whitbeck the greatest measure of wisdom and success as he seeks to lead the RPV through a turbulent presidential election year. I firmly believe that it is only through being true, fair, and consistent about our principles, and the way we elect those to defend and advance them, that will we be a party that excites our grassroots, engages new voters, and wins statewide elections.

Vince Haley

Article written by: Tom White

West Virginia Passes Right-to-Work – YES West Virginia did1

There are a few headlines I never thought I’d ever write at this blog:

  • Ron Paul elected President
  • UKIP wins a national election
  • West Virginia votes in Right-to-Work

Well, UKIP DID win the EU parliament elections in the UK but Dr. Paul was not elected President!

Here’s the headline and sample paragraph of this article from the Charleston Gazette-Mail:

WV right-to-work, prevailing wage vetoes overridden


West Virginia will become a right-to-work state on July 1, 2016, and the state’s prevailing wage will be repealed 90 days from when the bill is enrolled, sometime in mid-May.

The state Senate voted 18-16, along party lines, to override Tomblin’s veto of right-to-work legislation (SB 1) and his veto of a bill to repeal the state’s prevailing wage law (HB 4005). Every Republican voted in favor of overriding the governor’s vetoes and every Democrat voted against.

The House of Delegates voted 55-43, with solely Republican support, to override the prevailing wage veto and 54-43, again with solely GOP support, to override the right-to-work veto. On both measures, eight Republicans voted with Democrats to uphold the vetoes.

The West Virginia Constitution requires only a majority in each chamber to override a veto.

I am a bit breathless that West Virginia – Wild Wonderful West Virginia – will become a Right-To-Work state.  I think it is safe to say this is very unexpected.  This is not an anti-union position.  I am told that my grandfather George Wesley Hobbs (also was elected to the Auburndale City Council) started a local of the bricklayers union in Florida.  Rather, Right to Work ought to be a Constitutional Right.

But we have seen some amazing advances in this area:  Wisconsin, Michigan and now West Virginia.  (Right to Work also has passed the Missouri legislature but was vetoed by Governor Nixon, a Democrat.)
Conservatives ought to try to visit West Virginia this year or support a WV business or merchant.

Article written by: Elwood "Sandy" Sanders

Arizona’s Cardozo? Justice Clint Bolick Might be Exactly That!

Since I do not practice in Arizona, I have no fear I will be accused of currying favor with the newest Justice of that state’s supreme court:  Clint Bolick.  Bolick is a co-founder of the Institute for Justice, one of the best libertarian advocacy firms in the nation.  He also is a litigator at the Goldwater Institute, a thinktank that promotes constitutional government.  This appointment is an exciting development for liberty in law.  Here’s the Arizona Republic article.  I think Bolick could be a Cardozo for our era.


One of our greatest judges in our history was Judge (later Justice) Benjamin Nathan Cardozo – he served for six weeks as what we in Virginia would call a circuit court then was appointed and then elected to the Court of Appeals of New York (this highest court in the state of NY) from 1913 to 1932 and then was appointed to the US Supreme Court.  Cardozo was a Tesla of judges – a great writer with the unusual ability to come up with new ways to see existing legal problems.  For example, Cardozo in McPherson v. Buick Motor Co., came up with the idea that a manufacturer who places a defective project in the stream of commerce can be held liable even though the purchaser of the car did not directly purchase it from Buick but from a Buick dealer.  That is the basis of present products liability law that protects consumers from poorly manufactured items.

Now I disagree with Cardozo on his tendency toward legal realism but I admire his brilliance and vision.  I think Justice Clint Bolick could be a 21st Century Cardozo and he will defend liberty in law.  I’ll be interested in how he does.  Here’s a neat article at Powerline that already suggests Justice Bolick could be a short-lister for SCOTUS if a Republican wins the Presidency.  You just got to read this post yourself but even Jeb Bush twitted his support for Bolick.  Bolick also ran for California state legislature in 1980 as a Libertarian and got just over seven percent of the vote.



Article written by: Elwood "Sandy" Sanders

URGENT! Cantor’s Anti Conservative Group Meeting at RPV Advance Time Change – Now at 6 PM

The Anti Conservative Cantor group that spreads discontent and turmoil within the Republican Party has changed the meeting time tonight from 7PM to 6PM in the Lexington Room at the Omni Homestead Resort.

(Yes. You invited spies!)

I know a lot of my friends who are attending are planning to take pictures of the attendees and protest the anti Conservative hatred of the group with the typically unidirectional name of “Virginia Conservative Network”. This is the same naming convention used for things like the “Affordable Care Act”.

The attendees will be plotting their dirty dealings to purge Conservatives from the party and continue the downward spiral of the GOP in the state and nationally.

Below is the invitation with the new time:


Article written by: Tom White

And THIS is the TORY Party? I Hate to See the Labour, LibDems,…Only One Answer in UK: UKIP

Check this quote out from the Sun UK newspaper (it has a pay wall and stay away from page 3!) from a TORY MP (thanks to ConservativeHome):

“It wants the ban extended to ads in print and cinemas, curbs on sweets at tills, and sugar labelling. Tory committee chair Sarah Wollaston said: “One third of children are overweight or obese when they leave primary school. It’s not just the prospect of an earlier death, it’s about quality of life.”

“The ban” is a ban on junk food ads and of course a sugar tax of seven pence (about 11 cents or so) on sugary drinks.  Did the Conservatives, the party of Margaret Thatcher, call for social engineering and nanny state policies?  But one Tory MP at least says no:

A Conservative MP has branded Jamie Oliver’s campaign for the introduction of a sugar tax on fizzy drinks and sweet foods “patronising nonsense”.


Andrew Percy, the Tory MP for Brigg and Goole who sits on the health committee told the paper Oliver’s suggestion is “patronising nonsense”.

“This is a classic nanny state reaction and it won’t work.

“Slapping 10p or 20p on a can of sugary drink won’t make people change their behaviour.”

We should be thankful that PM Cameron does not appear to support it.  But it is disturbing that Conservatives are endorsing it.  If Labour ever wins, the ban and the sugar tax and the ban on cheap beer (ponder that when you go vote in Oldham West) and a lot of other big government items will surely pass – with the help of Tory collaborators.

There is only one answer, flawed as it might be, for the UK:  The United Kingdom Independence Party.  Rah for John Bickley this Thursday!


Article written by: Elwood "Sandy" Sanders

Listen to Virginia Senate Candidate (GOP-District 1) Mark Matney on the John Fredericks Show!

Here is the state senate candidate Mark Matney (Republican District 1) on the John Fredericks Show – he starts with an excellent reason why lawyers ought to be in the legislature.

Here is the link to YouTube and the Matney interview on Fredericks Show’s YouTube channel.

Mark Matney also explained how he expects to win as a serious underdog in this race, including an honest assessment of the internal poll rumor – there is discontent with the incumbent but Matney may not have moved the needle toward him yet.

Mark calls for opportunity for all – not just a mindless increase in the minimum wage – but rather substantive jobs that pay better.  He finally had a wonderful summing up why people should vote for him.  If you live in the First District of Virginia – or are nearby – please help Mark.  Here’s his website and here’s his FB page.  I am helping Mark already through this blog!

Article written by: Elwood "Sandy" Sanders

Democratic Party boss takes a hit in Texas vote-fraud case

Democrats always claim voter fraud does not exist.

Our long time Virginia based Watchdog Kenric Ward has moved to Texas and is still doing what he does best – exposing political bad behavior.

Check out his latest piece:

A client of Texas Democratic Party Chairman Gilberto Hinojosa is facing 16 criminal charges of rigging votes in a Rio Grande Valley election.

Watchdog photo

IN THE HOT SEAT: Weslaco City Commissioner Lupe Rivera faces 16 counts of vote fraud filed by the state attorney general’s office.

Lupe Rivera Sr. illegally handled ballots and envelopes in his closely contested Weslaco City Commission race, according to the state attorney general’s office. Rivera won the 2013 election by 16 votes, but a court ruled that 30 ballots were illegally cast.

Rivera is set to be arraigned on Nov. 18 — 15 days after he squares off again against Letty Lopez in a scheduled rematch.

While Rivera remains innocent until proven guilty, the criminal charges against him are a blow to Hinojosa, who has relentlessly criticized Texas’ photo ID law and downplays the potential for election fraud.

Lopez’s attorney, Jerad Najvar, said the Weslaco case “sets a legal precedent that voting residency requirements and the mail-in ballot rules that protect elderly voters from coercion will be enforced.

Read the rest here.

Article written by: Tom White