Richmond - Today, Senator A. Donald McEachin (D-Henrico) responded to Governor McDonnell's comments in Roanoke yesterday (as quoted by the Roanoke Times) that he "declined" to express an opinion on the legitimacy of nullification. Senator McEachin said, "I am extremely dismayed and concerned that our governor has apparently neglected to review recent American history or leading Supreme Court cases. Not even sixty years ago, in a response to attempts to ignore Brown v. Board of Education in which African-American children were first given the opportunity for an equal integrated education with white children, the Supreme Court ruled on Cooper v. Aaron. In this extremely significant case, the Court ruled that because the Supremacy Clause of Article VI made the United States Constitution the Supreme law of the land and Marbury v. Madison gave the Supreme Court the final power of judicial review, then all states are bound by federal law and bound by Supreme Court decisions.
"But even if the Governor has forgotten these Constitutional law principles, he should surely recall the amount of blood spilled, families and homes decimated and young men killed the last time states made foolish decisions based on nullification. Surely, as governor of Virginia which is criss-crossed with battlefields and graveyards of those who died fighting in that war and those who died trying to protect their homes and families and the numbers of slaves and free blacks who died trying to protect their loved ones and their few and meager possessions, he should know that no good can come of this kind of foolish and dangerous talk.
"We are Americans, proud to be part of the greatest democracy on earth, and if we disagree we have legal, political and legislative means to resolve those disagreements. Living in a democracy means that if we don't like what is happening we will have an election and we can peaceably, within our Constitutional procedures and rights, address those grievances.
"Finally, like every other elected official, Governor McDonnell took an oath to uphold the US Constitution and all the Articles and clauses within that document. Nullification is not legal and declining to respond is not acceptable. I expect our governor to uphold the law and the Constitution and to refute unconstitutional and illegal drivel when he hears it."
UPDATE: Great news -- Kagan has been confirmed by a vote of 63-37.
Gov. Bob McDonnell (R-VA) is not taking a position on the idea of nullification -- the notion that a state can unilaterally override a federal law (and a notion that has been consistently rejected in federal courts).According to the Roanoke Times, at a townhall meeting yesterday, "McDonnell declined to say whether he backed that notion, a legal argument that a state may invalidate or nullify a federal law it believes violates the 10th Amendment's delegation to the states or the people all rights not designated to the federal government." Of course, as anyone who's studied U.S. history knows, that question was settled a long time ago, but not until we had to suffer through a bloody civil war and then years of "massive resistance," Jim Crow, etc. Is Bob McDonnell truly ambivalent about the thought of bringing back those bad old days? Has Pat Robertson's Manchurian candidate caught Mad Cooch disease or what?
On Squawk Box, Mark Warner talks small business and extending tax cuts to the richest Americans. According to Warner, we should extend the Bush tax cuts to those making less than $250,000 per year, but if we extend the cuts to the richest of the rich, then "we're gonna lose all credibility that we're gonna be willing to take on the deficit." I couldn't agree more. Also, Warner makes an excellent point about the tax rates that existed during the 1990s, when the U.S. economy boomed:
I don't mind going back to the rates that I paid under Clinton and Bush 1, when I was in business, because frankly, my businesses prospered greatly during the '90s.Yes, they most certainly did, along with the rest of our economy. Why wouldn't we want to go back to that, especially when we've seen what the Bush/Cheney/Republican Congress policies did to us in the 2000s?
1. IN ROANOKE, MCDONNELL PUSHES PRIVATE LIQUOR SALES
2. VIRGINIA'S INNER STRUGGLE TO GET OFF THE SCOTCH TAX
3. ANTI-TAX GROUP LAMBASTES MCDONNELL FOR ACCEPTANCE OF $800,000 GRANT
4. GROUP THREATENS TO SUE OVER IMMIGRATION CHANGE
5. MCDONNELL AGREES WITH CUCCINELLI ON IMMIGRATION CHECKS, BUT CAN'T REQUIRE POLICE ACTION
6. MCDONNELL DONATES $10,000 IN EXCESS INAUGURAL FUNDS TO FOOD BANKS
7. CUCCINELLI TO HOST HEALTH CARE CALL WITH LEGISLATORS
10. PROPONENTS OF TOUGHER IMMIGRATION POLICIES FOCUS ON SUSPECT IN CRASH THAT KILLED NUN
13. ON OBAMA'S BIRTHDAY, NATIONAL REPUBLICANS MOCK DEEDS ONE MORE TIME
14. DEBATE DEBACLE
15. PERRIELLO FIELDS HEALTH-CARE QUESTIONS AT APPOMATTOX TOWN HALL
24. PAPERS, PLEASE, IN CUCCINELLI'S VIRGINIA
A person close to the case says a federal judge has overturned California's same-sex marriage ban in a landmark case that could eventually land before the U.S. Supreme Court.The only problem is, what are the chances that the Supreme Court of Roberts, Scalia, Alito, and Thomas will uphold this ruling? Also, how long will it be until Cooch files an amicus brief or whatever on behalf of the homophobes? I mean, he's already got so many lawsuits going, what's another one? Heh.
Chief U.S. District Judge Vaughn Walker made his ruling Wednesday in a lawsuit filed by two gay couples who claimed the voter-approved ban violated their civil rights.
UPDATE: The decision says, "Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed the evidence shows Proposition 8 does nothing more than enshrine in the California constitution the notion that opposite sex couples are superior to same sex couples."
A very interesting exchange begins at 2:35 of this video. Chuck Todd asks Ken Cuccinelli about the "appropriateness of the chief law enforcement officer of the state of Virginia in the middle of [the health care lawsuit]..simultaneously raising money and doing a political argument, basically raising a political profile at the same time." After blathering about federal "overexercise of power," Chuck Todd jumps in and says "nobody's questioning that...I'm just talking about the politics...about raising money off of your lawsuit." Cooch's response:
Right, when I was running the campaign, I was raising money to run the campaign. The day after the election, I immediately start running the next election. I'm not a fool, I know I'm a target and I'm becoming a bigger target. So, we are attempting to defend ourselves, and at the same time the petition is an attempt to build public support...In other words, as much as Cooch actually believes in the causes he's fighting for, he's also a politician who is raising money and list building so he can run for Governor of Virginia in 2013. At least he's honest about it -- when pressed by a good reporter asking tough questions, anyway.
1. DEL. MARSHALL ASKS MCDONNELL FOR 'EXECUTIVE ORDER' ON IMMIGRATION
3. MCDONNELL WANTS TROOPERS DEPUTIZED TO CHECK STOPPED DRIVERS' IMMIGRATION STATUS
6. MCDONNELL TO TALK LIQUOR IN ROANOKE CO.
7. CUCCINELLI BECOMES FOX NEWS' GO-TO ATTORNEY GENERAL
9. CUCCINELLI, UNION OF CONCERNED SCIENTISTS SAYS, DOESN'T UNDERSTAND HOW SCIENCE WORKS
10. CAMPAIGN CASH CONTROVERSY, DEBATE DISPUTE ERUPT IN 5TH DISTRICT RACE
11. ADVOCACY GROUP CALLS FOR RECUSAL OF HEALTH-CARE JUDGE OVER INVESTMENTS
14. EXPERTS SELECTED FOR NAS URANIUM STUDY
17. VIRGINIA'S HEALTH CARE SUIT ASKS: CAN CONGRESS FORCE PEOPLE TO BUY INSURANCE?
21. THE POLITICS OF IMMIGRATION
27. SCOTT CELEBRATES LEVELING OF PUNISHMENT FIELD BETWEEN CRACK AND COCAINE...
29. NUNS AT VIRGINIA MONASTERY FIND ROOM TO FORGIVE WHILE MOURNING SISTER'S DEATH
The Anti-Defamation League (ironically named in this case) needs to watch Mayor Bloomberg's superb speech on religious tolerance and freedom, retract its "truly shocking" statement, and stop betraying its own founding principles. Newt Gingrich needs to watch this (not that he will) and reconsider his extreme, anti-Muslim bigotry. Sarah Palin needs to watch this and "refudiate" her previous remarks on the subject. Virginia Beach Councilman Bill DeSteph needs to watch this and stop spreading his hateful falsehoods, let alone claiming that he speaks for all Virginians (which he most certainly does not). We all need to watch this, pondering what it means to be an American, what the 1st Amendment to our Constitution stands for, what the evil people who attacked us on 9/11/01 were trying to take away from us, and how we should never let a few misguided fanatics win even the smallest victory.
Thank you to Mayor Bloomberg - and the great, free, city of New York - for understanding the true nature of who we are and what Al Qaeda attacked on September 11, and for fighting to ensure that in this case, at least, the terrorists will not win.
So, we know the dude's got "issues," but when is Delgaudio's Best Friend Forever, Del. Tom Rust (R), going to dissociate himself from this lunacy? And when does Delgaudio endorser Rep. Frank Wolf (R) ("No one works harder than Eugene. He is not afraid to make the tough decisions and speak out for what he thinks is right") going to do the same?
[Cue sound of crickets chirping...chirp...chirp]