McAuliffe to name Roush to state Supreme Court

TFred · Jul 24, 2015

Ok legal folks, is this good, bad or indifferent?

The article says McAuliffe is timing the appointment to prevent the General Assembly from picking the replacement, so it can't be very good...

TFred

McAuliffe to name Roush to state Supreme Court

Jane Marum Roush, a veteran Fairfax County circuit judge who has presided at such high-profile trials as that of Beltway sniper Lee Boyd Malvo, is Gov. Terry McAuliffe’s pick for a seat on the Virginia Supreme Court, according to three state government sources.

skidmark · Jul 25, 2015

Does anybody think the Rs have the courage?

Her appointment will require General Assembly confirmation.

If the GA fails to confirm,
a) McAukiffe can keep submitting her till they give in
b) show the GA the name of someone even less agreeable

I am not aware of anything that says the court must be composed of the maximum allowable number of justices. Doing so primarily avoids the possibility of a nullity because of an even number of votes for and against.

I was most impressed during the Fx County Beltway Sniper trial how she handled the press. The prosecution of the case pretty much could have been phoned in, including defeating the initial plea of NG by reason of insanity considering the confessions stood even after the NGRI pleas were withdrawn.

We'll have to look at her record to see if anything stands out besides being a staunch D. My quick search only comes up with the Disthene case as being worthy of special note. http://mccandlishlawyers.com/resource/recent-virginia-case-affects-shareholders-rights/ (Progressivism in play)

stay safe.

user · Jul 28, 2015

I've known Judge Roush for a long time, but I have no clue as to her leanings on defense rights issues. I regard that as a good sign. I was talking with another attorney today about this appointment, and we agreed that she definitely has the right stuff to be a great appellate judge, and that she'd probably be better at that than she is at managing circuit court trials (though she's pretty good at that). She scores highly on my "intellectual honesty" scale. We know a couple of judges who have a tendency to just make stuff up when they want a decision to go a particular way (that the law would not allow) - she doesn't do stuff like that. I have a lot more confidence in her ability and willingness to apply the law fairly and even-handedly than I would most judges. I hope her performance on the bench will justify that opinion.

peter nap · Aug 3, 2015

http://www.dailypress.com/news/poli...k-will-tap-alston-instead-20150802-story.html

GOP says no to McAuliffe Supreme Court pick, will tap Alston instead

By*Travis FainDaily Presscontact the reporter

Terry McAuliffeIllinois General AssemblyU.S. House of RepresentativesRepublican PartyU.S. Senate

RICHMOND - General Assembly Republicans won't sign off on*Gov. Terry McAuliffe's pick for the state Supreme Court, they announced late Sunday, going instead with Appeals Court Judge Rossie D. Alston.

TFred · Aug 3, 2015

peter nap said:
http://www.dailypress.com/news/poli...k-will-tap-alston-instead-20150802-story.html

GOP says no to McAuliffe Supreme Court pick, will tap Alston instead

And THIS is what is wrong with the liberals of the world today. They claim to be blind to all segregational demographics, then they say this:

“Republicans’ decision to throw a distinguished jurist of 23 years off of the Supreme Court with no job to return to is without precedent in Virginia history," Coy said in a statement Monday morning. "It is no surprise that Republicans in the General Assembly would politicize this process, but it’s a tragedy that it will cost Virginia the service of a qualified female Supreme Court justice.”

As a friend of mine likes to say, Weapons Grade Hypocrisy.

TFred

skidmark · Aug 3, 2015

Wait just a minnit! Are you saying that after a gooberment job there should be some other employment position she should be able to "return" to?

And what about me? Why wasn't some high-paying job found for me when I left state employment?

It's rassist, I tells ya!

stay safe.

TFred · Aug 3, 2015

skidmark said:
Wait just a minnit! Are you saying that after a gooberment job there should be some other employment position she should be able to "return" to?

And what about me? Why wasn't some high-paying job found for me when I left state employment?

It's rassist, I tells ya!

stay safe.

From the Richmond Times-Dispatch story:

Roush, 58, who had resigned the judgeship she held on the Fairfax Circuit Court since 1993, was sworn in as a justice Friday and has begun hearing cases. If legislative Republicans follow through on Alston, Roush will be replaced on the court and out of a job by mid-September, 30 days after the Virginia General Assembly convenes Aug. 17 for a special session on congressional redistricting.

TFred

user · Aug 9, 2015

Here's a link to a petition I got from the Virginia Trial Lawyers' Association:

https://www.change.org/p/virginia-legislature-don-t-fire-justice-roush?recruiter=357084508&utm_source=share_petition&utm_medium=email&utm_campaign=share_email_responsive

I've decided that, of the two, I prefer to have Judge Roush on the bench. Rossie Alston is a very good trial judge, and I haven't heard anything bad about him as a Ct. Apps. judge. But Judge Roush is probably even better as an appellate justice than she has been as a trial judge, because she is comfortable with abstractions, analytical in her approach to things, and rigorous in her logic. I think it's a matter of thinking style, and of the two, I think Judge Roush would be a better candidate. I really don't see any political ramifications to that decision. I really can't understand what's really going on here.

Citizen · Aug 9, 2015

user said:
Here's a link to a petition I got from the Virginia Trial Lawyers' Association:

https://www.change.org/p/virginia-l...ium=email&utm_campaign=share_email_responsive

I've decided that, of the two, I prefer to have Judge Roush on the bench. Rossie Alston is a very good trial judge, and I haven't heard anything bad about him as a Ct. Apps. judge. But Judge Roush is probably even better as an appellate justice than she has been as a trial judge, because she is comfortable with abstractions, analytical in her approach to things, and rigorous in her logic. I think it's a matter of thinking style, and of the two, I think Judge Roush would be a better candidate. I really don't see any political ramifications to that decision. I really can't understand what's really going on here.

Politics. Its got nuthin' to do with her qualifications.

Citizen · Aug 9, 2015

user said:
SNIP But Judge Roush is probably even better as an appellate justice than she has been as a trial judge, because she is comfortable with abstractions, analytical in her approach to things, and rigorous in her logic.

So was the current chief justice of SCOTUS. Then he switched his position on Obamacare. Now, that monstrosity is "the law of the land."

TFred · Aug 9, 2015

I will admit I know nothing about the two candidates. But as noted, the candidates have nothing to do with this event. What I do know is that McAuliffe specifically and intentionally did NOT consult with the General Assembly leadership about his nomination (he claims he spoke to a few "key" Northern Virginia Republicans) even though he KNEW that their approval was required.

In my opinion, he purposefully baited Roush with a necklace of "sympathy" based on the consequences to her personally if the Republicans did what they did. In other words, McAuliffe dared them to reject his nomination, believing surely they wouldn't make this woman a victim, and they responded in the proper way, by doing exactly that. Not that they set out to fire Roush, but to force McAuliffe learn what happens when he does not follow the rules. Roush is indeed the victim here, of McAuliffe for being used as political bait, not the Republican leadership for doing their jobs and calling him on it.

This was a nose under the tent attempt - even though as User notes, perhaps with a perfectly fine nose. But you can bet if he had gotten away with it this time, the next move would have been a head, and maybe not one as acceptable....

Am I a bit cynical? You betcha. I am sick and tired of these amoral and absolutely lawless people running our government.

TFred

Citizen · Aug 9, 2015

TFred said:
I will admit I know nothing about the two candidates. But as noted, the candidates have nothing to do with this event. What I do know is that McAuliffe specifically and intentionally did NOT consult with the General Assembly leadership about his nomination (he claims he spoke to a few "key" Northern Virginia Republicans) even though he KNEW that their approval was required.

In my opinion, he purposefully baited Roush with a necklace of "sympathy" based on the consequences to her personally if the Republicans did what they did. In other words, McAuliffe dared them to reject his nomination, believing surely they wouldn't make this woman a victim, and they responded in the proper way, by doing exactly that. Not that they set out to fire Roush, but to force McAuliffe learn what happens when he does not follow the rules. Roush is indeed the victim here, of McAuliffe for being used as political bait, not the Republican leadership for doing their jobs and calling him on it.

This was a nose under the tent attempt - even though as User notes, perhaps with a perfectly fine nose. But you can bet if he had gotten away with it this time, the next move would have been a head, and maybe not one as acceptable....

Am I a bit cynical? You betcha. I am sick and tired of these amoral and absolutely lawless people running our government.

TFred

Aaaahhhhh. The light of day shines in. Thanks for opening the curtains, TFred.

I've never trusted McAuliffe since he made bombastic, firebrand comments--obviously manipulative and pandering--back in the 90's when he was DNC chairman.
.

scooter348 · Aug 10, 2015

TFred said:
I will admit I know nothing about the two candidates. But as noted, the candidates have nothing to do with this event. What I do know is that McAuliffe specifically and intentionally did NOT consult with the General Assembly leadership about his nomination (he claims he spoke to a few "key" Northern Virginia Republicans) even though he KNEW that their approval was required.

In my opinion, he purposefully baited Roush with a necklace of "sympathy" based on the consequences to her personally if the Republicans did what they did. In other words, McAuliffe dared them to reject his nomination, believing surely they wouldn't make this woman a victim, and they responded in the proper way, by doing exactly that. Not that they set out to fire Roush, but to force McAuliffe learn what happens when he does not follow the rules. Roush is indeed the victim here, of McAuliffe for being used as political bait, not the Republican leadership for doing their jobs and calling him on it.

This was a nose under the tent attempt - even though as User notes, perhaps with a perfectly fine nose. But you can bet if he had gotten away with it this time, the next move would have been a head, and maybe not one as acceptable....

Am I a bit cynical? You betcha. I am sick and tired of these amoral and absolutely lawless people running our government.

TFred

Excellent explanation, TFred. I would also argue that McAwful is practicing what has become the new Democrats battle plan: Ignore the checks and balances system, just put the nominee in the position without following the proper procedures and attempt to ram it through the legislature. If that doesn't work, make the nominee the victim of the evil Republican politicians and try and get public sentiment on your side. If it works, good for McAwful. If his plan doesn't work, he continues to paint the GA as evil and always thwarting his plans. The bigger question is which of these candidates is best for the issues of 2A in general and OC in particular?

Grapeshot · Aug 10, 2015

scooter348 said:
Excellent explanation, TFred. I would also argue that McAwful is practicing what has become the new Democrats battle plan: Ignore the checks and balances system, just put the nominee in the position without following the proper procedures and attempt to ram it through the legislature. If that doesn't work, make the nominee the victim of the evil Republican politicians and try and get public sentiment on your side. If it works, good for McAwful. If his plan doesn't work, he continues to paint the GA as evil and always thwarting his plans. The bigger question is which of these candidates is best for the issues of 2A in general and OC in particular?

Isn't it a shame that tarring and feathering isn't an acceptable response? (purely rhetorical)

wrearick · Aug 11, 2015

TFred said:
I will admit I know nothing about the two candidates. But as noted, the candidates have nothing to do with this event. What I do know is that McAuliffe specifically and intentionally did NOT consult with the General Assembly leadership about his nomination (he claims he spoke to a few "key" Northern Virginia Republicans) even though he KNEW that their approval was required.

In my opinion, he purposefully baited Roush with a necklace of "sympathy" based on the consequences to her personally if the Republicans did what they did. In other words, McAuliffe dared them to reject his nomination, believing surely they wouldn't make this woman a victim, and they responded in the proper way, by doing exactly that. Not that they set out to fire Roush, but to force McAuliffe learn what happens when he does not follow the rules. Roush is indeed the victim here, of McAuliffe for being used as political bait, not the Republican leadership for doing their jobs and calling him on it.

This was a nose under the tent attempt - even though as User notes, perhaps with a perfectly fine nose. But you can bet if he had gotten away with it this time, the next move would have been a head, and maybe not one as acceptable....

Am I a bit cynical? You betcha. I am sick and tired of these amoral and absolutely lawless people running our government.

TFred

+1

va_tazdad · Aug 12, 2015

TFred said:
I will admit I know nothing about the two candidates. But as noted, the candidates have nothing to do with this event. What I do know is that McAuliffe specifically and intentionally did NOT consult with the General Assembly leadership about his nomination (he claims he spoke to a few "key" Northern Virginia Republicans) even though he KNEW that their approval was required.

In my opinion, he purposefully baited Roush with a necklace of "sympathy" based on the consequences to her personally if the Republicans did what they did. In other words, McAuliffe dared them to reject his nomination, believing surely they wouldn't make this woman a victim, and they responded in the proper way, by doing exactly that. Not that they set out to fire Roush, but to force McAuliffe learn what happens when he does not follow the rules. Roush is indeed the victim here, of McAuliffe for being used as political bait, not the Republican leadership for doing their jobs and calling him on it.

This was a nose under the tent attempt - even though as User notes, perhaps with a perfectly fine nose. But you can bet if he had gotten away with it this time, the next move would have been a head, and maybe not one as acceptable....

Am I a bit cynical? You betcha. I am sick and tired of these amoral and absolutely lawless people running our government.

TFred

She is NOT a victim, She is a LAWYER.

I doubt she will have a hard time finding employment.

TFred · Aug 12, 2015

va_tazdad said:
She is NOT a victim, She is a LAWYER.

I doubt she will have a hard time finding employment.

Perhaps a valid point, but she is certainly being played for one in the liberal news coverage of this story.

TFred

scooter348 · Aug 12, 2015

So are these lawyers sucking up to the judge? And why aren't any of them petitioning the Governor to withdraw his nomination? Better yet, why aren't any of them taking the Governor to task for not following the proper procedure in picking a nominee?

http://www.fredericksburg.com/news/...cle_6c1b8cd8-405f-11e5-918e-af2e747183e8.html

Thundar · Aug 12, 2015

Irony

va_tazdad said:
She is NOT a victim, She is a LAWYER.

I doubt she will have a hard time finding employment.

She is definitely not a victim. She is a lawyer who accepted a position that was not conveyed to her by the legislature, and thus was subject to a legislative over-ride. The document that identifies the legislature as having the final say in judicial appointments is the Virginia Constitution, the very same foundation document that justices of the Virginia Supreme Court must rule upon. There is a certain irony here.

TFred · Aug 12, 2015

Thundar said:
She is definitely not a victim. She is a lawyer who accepted a position that was not conveyed to her by the legislature, and thus was subject to a legislative over-ride. The document that identifies the legislature as having the final say in judicial appointments is the Virginia Constitution, the very same foundation document that justices of the Virginia Supreme Court must rule upon. There is a certain irony here.

But... but... but... Uncle Barry told me that Constitutions don't matter any more!!!

TFred

McAuliffe to name Roush to state Supreme Court

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