It is my opinion that, although the imposition of different taxes on transactions in different localities does not violate Article X, § 1, HB 2313's imposition of taxes in the specific localities constitutes a local law related to taxation prohibited by Article IV, § 14(5) of the Virginia Constitution. It further is my opinion that, because the taxes were imposed directly by the General Assembly, the taxes cannot be saved by the provisions of Article VII, § 2, even if they had obtained the affirmative vote of two-thirds of the members elected to each house.Interesting, I actually thought Article X was a stronger argument against this bill. Go figure.2. Medicaid expansion It is my opinion that the provisions of the 2013 budget act that purport to authorize Medicaid expansion only "[i]f the Medicaid Innovation and Reform Commission determines that" certain conditions set by the General Assembly have been met constitutes a delegation of the General Assembly's legislative authority. It is further my opinion that the General Assembly may not delegate final legislative authority regarding budgetary or other matters to a committee composed of a subset of the members of the General Assembly.Of course, these are just opinions - correct or incorrect, you decide - by Virginia's AG, not a ruling by the Virginia Supreme Court. Still, it will be fascinating to see how this plays out now, especially given Bob McDonnell's obvious hesitation to make a decision on whether or not to sign the transportation bill. Also, it seems to me that the AG's ruling could have an impact on future Supreme Court deliberations. Hmmmm.P.S. Big winner here? "Sideshow Bob" Marshall, who requested these opinions, of all people. Wonderful. P.P.S. Did the politics of 2013 just get scrambled? All I can say is, it's going to be very interesting to see how this plays out... |
BREAKING: Cuccinelli Says Transportation Bill, Medicaid Expansion Unconstitutional
Friday, March 22, 2013
New Report Card on Virginia Infrastructure: D+
Wednesday, March 20, 2013
 The American Society of Civil Engineers (ASCE) is out with its 2013 report card on America's infrastructure, and it's not a pretty picture (note: click on image to "embiggen") - either for the country as a whole, or for Virginia specifically. Virginia gets a D+ grade, with problems like:*1,250 structurally deficient bridges*47% of roads either in poor or mediocre shape *184 high-hazard dams *Billions of dollars needed for wastewater and drinking water upgrades. *Over 46% of schools over 40 years old. *Pressing needs for improvements in Virginia's power grid and alternative energy sources, or else "electrical power rates must increase between 50 and 70 percent over the next 10 years" Since Gov. McDonnell is currently considering what to do with the recently-passed transportation bill, it's worth highlighting that the ASCE full report on Virginia gives our roads a D- grade, for the following reasons: Increasing traffic congestion on Virginia roads is choking major urban areas and is having a negative impact on businesses, commuters, and tourists. VTrans 2025 identifies a funding shortfall for road investment of $74 billion. In the last three fiscal year budgets (2008-2010) transportation funding has decreased 38% or by $3.2 billion. If current trends continue by 2014, state highway funds will be insufficient to match federal funds, resulting in Virginia losing its share of federal funding.As for rail and transit, the report finds that a "sustainable source of funding for new or expanded rail and transit services is critical to Virginia's future economic success." Last but not least, "more than 50 percent of the state's bridges are approaching the end of their anticipated service design lives, making Virginia's bridges among the oldest in the nation."
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Exclusive Interview: DPVA Chair Charniele Herring
Tuesday, March 19, 2013
 I had the opportunity yesterday to sit down with Democratic Party of Virginia Chair, Del. Charniele Herring, for an hour-plus discussion/interview in Alexandria on turning Virginia blue, on winning in 2013, on building the state party and Virginia Democrats' "farm system," etc. Thanks to Del. Herring for her time; I greatly appreciate it. Here are some highlights from our discussion.1. According to Del. Herring, the 2009 elections in Virginia were a case of conservatives mobilizing, in the aftermath of their defeat in 2008, "to their benefit," while Democrats basically went to sleep. For instance, Herring won her January 2009 special election, in the solid blue 46th district (Alexandria), by just 16 votes, as Democrats "were tired" and didn't go vote. Later that same year, as we all know, Democrats were wiped out for governor, LG, AG, and the House of Delegates. The lesson: "every vote matters," and also we can't ever go to sleep or take anything for granted. Certainly, we'd better not do either of those things in 2013, unless we like the thought of saying "Governor Cuccinelli" for 4 years. Nope, didn't think so.2. Del. Herring said we've been recruiting candidates for 2013, are doing pretty well, but frankly "candidate recruitment is a long-term thing; we've got to build a bench." Of course, Herring pointed out, it's the House Democratic caucus that is primarily responsible for candidate recruitment for the House of Delegates, while "the party does supplement and provides support" (e.g, voter file, media training, messaging, research, helping to identify donors). According to Del. Herring, "through time we're going to figure out a better way for candidate recruitment," but it's certainly "not easy," as a lot of people don't want to go through what it takes to run for office. The bottom line, in Del. Herring's view, is that it's going to take time to get back to where we need to be in the House of Delegates: "I think what we need to do is be in a place that in 2020, that we have some control of redistricting...it's slow building,I can't sit here and say that we're going to pick up 10 seats in 2013...we have to just realize the reality of our situation...it's going to have to be slow, methodical, and deliberate." |
| lowkell :: Exclusive Interview: DPVA Chair Charniele Herring |
| 3. According to Del. Herring, in the 2013 campaign, "We're not going to be duplicating things, which has happened in the past, where the coordinated campaign runs outside the party; everything's going to be run through the party, so that's going to help our House of Delegates candidates, the top of the ticket and on down...a unified front." In other words, this time around, things have to be done differently if we expect different results from the past (if not, it's the classic "definition of insanity" - doing the same thing and expecting different results), and Del. Herring seems determined to make sure that happens.4. What are the major issues for 2013? Del. Herring believes that part of it will definitely be pointing out how extreme ("outside the norm of what we've known conservatives to be") the Republican ticket will be on issue after issue. As much as Cuccinelli tries to "normalize himself," Democrats will need to keep reminding people of how extreme Cuccinelli's record is and "what he truly is and what he will do if he were to be elected." We're also going to hear about transportation, jobs and the economy, women's reproductive health care, climate change, the assault on science, LGBT equality, the Republican assault on voting rights, etc. 5. In Del. Herring's view, we can't just be against Cuccinelli, "we have to promote ourselves, we are...a party of ideas that are fact based, evidence based, reality based...we're a big tent party...that brings Virginians to a better quality of life overall no matter their party affiliation," and we have to talk about all that. In addition, of course we need to remind people of all the extreme things Cuccinelli has said and done. At the same time, the case for Terry McAuliffe will center on job creation, pursuing opportunities like clean energy, keeping Virginia an attractive place for businesses and individuals to live in, being a welcoming place for all people. In Del. Herring's view, businesses are highly - and legitimately - concerned "about the extremism" of Ken Cuccinelli; "if you're going to have laws that discriminate," you're going to drive talented people away. 6. I asked Del. Herring about the large financial advantage held by the Republican House caucus over the Democratic House caucus and what we can do about that. Part of it, in Del. Herring's view, is "pooling resources together." Part of it is tapping into national donors, new donors, potential opportunities with members of the business community who are not comfortable with Ken Cuccinelli. Part of it is that Democrats in deep blue areas need to "step up our games" in terms of raising money for Democrats in competitive/"purple" districts around the state. 7. On the transportation bill, Del. Herring is doubtful that Gov. McDonnell will veto it, but she does think he'll make changes, possibly with the hybrid fee. We should know the answer to that question within about a week. Del. Herring said her vote for the transportation bill was one of the most difficult she'd ever taken, but she's concerned about "simple public safety" (e.g, bridges falling apart), and this is the "first time in a generation that we actually were able to get something done," albeit "not perfect." Also, if we don't take care of transportation, Del. Herring believes (and I agree) that Virginia's business ranking will continue to fall. If Ken Cuccinelli's elected, this will only get worse; we could fall 9-10 slots in the business rankings, join "some of the more regressive states...that's what I'm concerned about...it's ridiculous." 8. On the role of the state party, Del. Herring believes we need to be constantly working on the ground to develop talent, keeping in touch with voters, working to "maintain our relevance," "building the bench," developing "long-term sustainability," and definitely not just parachuting in at the last minute (e.g., right before an election). This will take a "long-term vision," looking at our successes and also what we can improve on. Del. Herring sees this as a long-term commitment and definitely plans to be there "for another four years" after her run for reelection this June. The plan is geared towards 2020, towards keeping a continual effort going between elections, "not just sitting in Richmond." Del. Herring specifically mentioned keeping people in place and being in the community, a la Howard Dean's 50-state strategy. She also noted Dean's recommendation to "go out and door knock when you're not asking for a vote," the importance of asking people what their concerns are. Bottom line: "We do have a strong case [to make], we're in a good position, people are energized...and it's our job to keep [people] energized and focused." 9. I asked Del. Herring how she viewed bloggers - as enemies, frenemies, friends, or what. She immediately and enthusiastically responded, "friends!" She also said that bloggers' role is "crucial" in that newspapers read the blogs, that social media "makes a difference and mobilizes people." "I don't want it to be adversarial...media makes a difference...politicians have to be amenable to it...you're connecting with more voters [if you use social media effectively]." Del. Herring definitely sees herself as "grassroots" ("I am such not the insider...I'm an outsider...I am not part of any machine."). Her background comes out of being homeless as a teenager, living in a shelter when she was 16, and getting into college with the help of the STEP program ("that's why I believe in government programs...Republicans want to slash it...they're slashing my future and the future of America"). Without those programs, "my options would have been so limited." This is about providing citizens with opportunities to move up, giving people chances for social mobility ("I do not want a governor whose willing to be successful and leave other Virginians behind, and that's what Cuccinelli is about"). 10. Finally, Del. Herring talked about the process for selecting a new Executive Director for DPVA. She said she did a national search, was looking for someone with a diverse experience - fundraising ("that fundraising component that she brings with her and her contacts with national donors is important to me...she has that fundraising experience that will be helpful for us to grow as a party"), political organizing, field, etc., and she feels like she found it in Lauren Harmon. Again, it was great catching up with Charniele Herring as she settles into her new job as DPVA chair. I hope to do more of these in the future. |
Photos, Video from Rep. Connolly's St. Patrick's Day Fete
Sunday, March 17, 2013
(I've added a bunch of videos in the comments section...enjoy! - promoted by lowkell) I just got back from Rep. Gerry Connolly's annual St. Patrick's Day fete and Democratic straw poll in Fairfax (photo above by Rep. Connolly's staff). Congratulations to Aneesh Chopra and Mark Herring (see press releases for both Chopra and Herring in the comments section) on their wins in the straw poll, with over 850 people voting. Also, great job by the organizers of the event, which attracted upwards of 1,400 Democrats. Hopefully, this is a sign of the enthusiasm Virginia Dems feel this year heading into crucial elections for the future of our state.P.S. There are more photos (by yours truly, Rep. Connolly's office, Aneesh Chopra's campaign, etc.) on the "flip." I'm also processing video, which should be available tomorrow. |
| lowkell :: Photos, Video from Rep. Connolly's St. Patrick's Day Fete |
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Latino Basher and Virginia GOP LG Candidate Corey Stewart: "I detest the word 'minority outreach'"
Saturday, March 16, 2013
 Courtesy of Corey Stewart's Twitter feed, as well as from the Corey Stewart for LG website, we hear from Prince William County's #1 elected Latino basher about "inclusion in the Republican Party." In short, Stewart hates the very thought of reaching out to minorities (who, by the way, are already a majority in Prince William County):Corey Stewart, conservative candidate for Lieutenant Governor of Virginia, current Republican Chair of the Prince Williams County Board of Supervisors, spoke about the term "minority outreach" as distasteful and inappropriate. As he said, you don't "outreach" to a friend or your grandmother, you develop genuine relationships. That's what we need to do in connecting with all voters, of all backgrounds. His past electoral victories reveal that he practices what he preaches: he won elections in a majority minority district at times when other Republicans lost.How is what Corey Stewart's saying here any different than fellow Republican GOP LG candidate Susan Stimpson asserting, "[African Americans] wouldn't be a set constituency that I would try to inspire?" More to the point, why do Republicans keep "digging" when they're in a deep, deep hole regarding their electoral appeal to non-white voters? Can they simply not help themselves, or what?Look, I believe that Martin Luther King, Jr. was right, that the goal should be for all of us to judge each other on the "content of our characters," not on the color of our skin. Sadly, we're still not there yet, which is why we need to keep working at inclusiveness, at leveling the playing field, and at eliminating the vestiges of racism and bigotry from our society, once and for all. No, I'm not a fan of"identity politics" ("Political attitudes or positions that focus on the concerns of social groups identified mainly on the basis of gender, race, ethnicity, or sexual orientation"), but that's not what we're talking about here. Instead, what we're dealing with right now in this country is a Republican Party that's gone out of its way, over several decades, to alienate just about every group in this country other than whites. With its Lee Atwater/Karl Rove "Southern Strategy"(a not-so-subtle appeal, "dog whistle" or louder, to white racists, many of whom were formerly "Dixiecrats" - segregationist Democrats back in the days of Jim Crow and "Massive Resistance"), its attacks on "welfare queens" (but never on corporate welfare, which is far larger and far more harmful to our country), and with its bashing of "illegals" (that's what they charmingly call undocumented immigrants, as if human beings themselves, as opposed to people's specific actions, can possibly be "illegal"), today's Republican Party has richly earned the miniscule percentage of the vote they receive in elections from African Americans, Hispanic Americans, and Asian Americans. As for Corey Stewart, let's not forget this disgraceful episode ("Racial tension and threats of violence erupt when Prince William County, Virginia adopts a law requiring the police to question people who appear to be undocumented immigrants."), exemplified by ugliness as depicted in this video (see Corey's snarling, hate-filled face at 2:58 in). Given his nasty, divisive past, including outright bashing of Latinos, we shouldn't be surprised that Corey Stewart declares to a conference full of white racists that "I detest the word 'minority outreach'." And no, Mr. Stewart, your way is NOT the way the Republican Party is ever going to expand, but as a diehard Democrat, I kind of hope that you guys keep doing what you're doing, and keep on losing elections. |
Video: Nope, No Racism at CPAC...Move Right Along!
Friday, March 15, 2013
As you watch this video and read about what happened, just keep in mind that CPAC (and the GOP more broadly) is overwhelmingly white. Why is that? Perhaps because their policies are horrible, and also because the party is filled with the type of people who used to infest the old Dixiecrats (Strom Thurmond, George Wallace, Jesse Helms, etc.), but thank god left the Democratic Party. Of course, they're now in the Republican Party, thanks in part to many years of Lee Atwater's (and Richard Nixon's, Ronald Reagan's, Karl Rove's, etc.) "Southern Strategy," and from the looks of it, they really really REALLY do not like being called out for their utter lack of racial inclusiveness.
Finally, I'd just note that this John Birch Society freak show, aka the CPAC conference, is considered not just totally mainstream in today's GOP, but highly desirable. Note that raging homophobe/science denier/fanatic Ken Cuccinelli just spoke there yesterday. Also note that leading 2016 GOP presidential possibilities - like Bob McDonnell, Marco Rubio, Rand Paul, etc. - have been clamoring to speak there (or have been seriously bummed that they were snubbed, as in the case of T-Bob). This really says it all about today's Republican Party.
P.S. Great snarky comment at Daily Kos: "Ladies and gentlement, don't panic, but...there is a black man in the building. Repeat: A black man in the building!"
P.P.S. Serious question: is there ANY equivalent of CPAC on the progressive and/or Democratic side? I've asked several people, and nobody can think of anything even close. Yet the corporate/idiot media keeps insisting on some sort of equivalency. Amazing.
Cuccinelli: Appealing to Women Politically Means Focusing on the "mentally ill"
Thursday, March 14, 2013
 Just when you thought Ken Kookinelli couldn't get any creepier or more bizarre, he says s*** like this.How about [appealing] to women?I'm a person who appeals to women with a variety of issues that they just happen to care more about that I also happen to care about. I've worked to improve mental health and worked to help the mentally ill for over a decade and a half, including when I was in the legislature. Women's issues aren't just abortion. Women's issues are everything women care about. And I have an awful lot of issues that I appeal to women on, just as a natural course.So, let's get this straight: the first thing Cuckoo's mind goes to when he's asked about how Republicans, including himself, might better appeal politically to women is "mental health" and "help[ing] the mentally ill." Not jobs, the economy, health care, education, or a million other things, but focusing on the "mentally ill." I've run this quote by a bunch of people, without telling them whose quote it was, and they all reacted with varying degrees of "WTF" and "that's creepy" and "I didn't know mental health was specifically a women's issue." But for Crazy Cuccinelli? Who knows how that guy's mind works; I actually don't want to know...P.S. Of course, this is the same guy who doesn't "believe" in science, thinks the government is using Social Security numbers to "track" him, has flirted with "birtherism," etc, etc. So what else would we expect? |
Kaine and Warner Can't Have It Both Ways on Keystone XL and Climate Action
by The Green Miles
 Self-styled "centrist" Democratic senators like Tim Kaine and Mark Warner say they recognize climate reality and support action to cut carbon pollution. But ... then they see polls that show the public is split on the Keystone XL tar sands pipeline ... and feel pressure from Very Serious People in Washington who won't say no to anything the oil, gas and coal industries want ... and think, maybe we can have both? Get credit for support this current & specific polluting pipeline AND burnish climate bona fides by hand-waving towards some future & not yet existent climate effort?No. Climate action isn't just about the easy & popular things, like clean energy and energy efficiency. It's also about the hard things, like saying no to oil and coal barons who may spend lots of money to try to defeat you in your next re-election campaign. You can't claim to support climate action, but wilt like corn caught in a global warming-fueled drought every time big polluters come asking for a favor.Either folks like Tim Kaine and Mark Warner support climate action. Or they support Keystone XL and don't really care about things like confronting superstorms like Sandy or protecting our natural resources for future generations. They can't have it both ways. |
A New Pope Emerges
Wednesday, March 13, 2013
by Kathy in Blacksburg
And the Vice-President added: |
| KathyinBlacksburg :: A New Pope Emerges |
"North American Energy Independence": Imaginary, Awful, Socialist
Tuesday, March 12, 2013
by The Green Miles
 Rep. Paul Ryan (R-WI) is once again touting the Republican fantasy called "North American energy independence." Here's a quick reminder of why that concept is phony, horrifying & anti-capitalist:
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