Health care reform showdown comes to Richmond

The eyes of American will be on Richmond Thursday as lawyers for the Federal Government make their case to a District Court judge that Virginia’s challenge to the Health Care Reform Act should be tossed out.

Attorney General Ken Cuccinelli filed the lawsuit not long after the historic bill was passed on the grounds that the feds cannot force Virginians to purchase health care. The suit is similar to a dozen or so other cases across the country. Virginia’s however, was one of the first to be filed and this will be the first arguments heard in a court of law.  Cuccinelli will not argue the case, but is expected to be in the courtroom. The arguments will be handled by Virginia Solicitor General, E. Duncan Getchell, Jr.

The presiding judge for the hearing is Henry E. Hudson.

The outcome of this hearing won’t make Cuccinelli’s crusade against health care reform, but it could easily break his case. If its tossed out before it really gets going, it could be form a ripple effect amongst all the similar cases being filed across the country.

I will be in the courtroom tomorrow for the hearing and will have reports tomorrow on NBC12-TV and extended coverage here on Decision Virginia.

Kagan’s student weighs in on her performance

University of Richmond Law Professor Kevin Walsh is an expert on the U.S. Supreme Court and a former student of Elana Kagan.  The local attorney is carefully watching the process of his old professor wading through the confirmation.

Today Kagan gave her opinion on a number of controversial topics from her past, and some that could come before her if she is confirmed.

Walsh was my live guest today on NBC12 First at 4, and gave his take on how she performed.

You can see his complete interview below:

The entire Kagan confirmation hearing can be seen live on CSPAN.org.

Virginia’s new laws

By: Ryan Nobles – bio | email

It was a busy legislative session at the State Capitol, and while all the debate is over and the bills have been passed, most of the new laws don’t go into effect until July 1st.

July 1st is right around the corner so here is a very abbreviated list of some of these new laws, particularly ones that could impact your day-to-day life.

(h/t to the incredibly handy RichmondSunlight.org website for their easy to use search mechanism. Richmond Sunlight is run by the Virginia Interfaith Center)

Traffic-

*DUI- if a bus driver possess or consume alcoholic beverages while operating a school bus that’s transporting children, they are guilty of a Class 1 misdemeanor.

*Seat belts- Virginians age 17 and younger who ride in the back seat of a vehicle must wear a seat belt starting July 1, and violators face a $25 fine.

*Golf carts- golf carts may cross highways in certain circumstances. Golf cart owners in towns with a population of 2,000 or less may cross a highway at an intersection that is marked as a golf cart crossing with signs.  The roadway’s speed limit must be 35 miles per hour or less, and the crossing has to be the only way the golf cart may travel from one part of the town to another.

Education-

*Concussions– Requires the Board of Education to develop and distribute to local school divisions guidelines for policies dealing with concussions in student-athletes

*Excused absences for holidays- Provides that any student’s absence because of the observance of a religious holiday must be recorded as excused on the student’s attendance record and that no student may be deprived of any award or of eligibility or opportunity to compete for any award or of the right to take an alternate test or examination, for any which he missed because of such absence.

Guns-

*Guns in restaurants- Allows a person with a concealed handgun permit to carry a concealed handgun onto the premises of a restaurant or club and prohibits such person from consuming alcoholic beverages while on the premises.

Charitable Giving-

*Bingo- Limits the number of bingo games per session to no more than 50.

Taxes-

*Communication- requires the Tax Commissioner to devise a method by which a taxpayer who files a state tax return, statement or document electronically, may decline to receive bulletins, publications, or other information provided by the Department electronically.

Government Sunshine-

*Public meetings- Prohibits any public body from conducting a meeting required to be open in any building or facility where any recording devices are prohibited.

Spam emails-

*Unsolicited commercial electronic mail- Narrows the scope of the existing spam statute to cover only those emails that constitute unsolicited commercial electronic mail (spam).

Voting-

*Absentee ballots- expands scope of persons defined as members of voter’s immediate family.

-Increases the deadline for each electoral board to make absentee ballots available

Death Penalty

*Jury notification- Virginia law and allows judges to notify juries of the proper instructions for a finding of a sentence of death or life imprisonment.

*Expands who can get charged- expands the death penalty by allowing the death sentence to be imposed for the murder of auxiliary law-enforcement officers, fire marshals and EMS personnel.

This is by no means the complete list, so if I missed something you think is important let me know and we will add it to the list!

Wright: “Charter schools in Virginia are public schools”

It is a hallmark issue of the McDonnell agenda. The expansion of charter schools is something Bob McDonnell cares deeply about and its something he has rooted his education policy in.

The Governor suffered a setback in that plan when the Commonwealth was forced to opt out of the federal “race to the top” program, but that has not kept him from moving forward.  On Tuesday, McDonnell signed into law an expansive piece of legislation, broadly supported by both parties that is designed to specifically expand the reach of public charter schools.

McDonnell chose to sign the legislation at the newest charter school to open in Virginia, the Patrick Henry School of Arts and Sciences.  While Patrick Henry has often been used by the Governor as an example of expanding educational opportunities, it is also provides numerous examples of the struggle and controversies surrounding their growth.

While parents have been eager to sign their kids up to attend the school, it has been dogged by a less than enthusiastic school board concerned that its opening will draw resources away from other schools.  In addition to the political strife, many parents whose kids were not picked by the lottery system used to select the inaugural class, are upset that the access is limited.

Dr. Patricia Wright is McDonnell’s State Superintendent of Instruction and she told me that those concerns will fade away once parents and students see the results charter schools provide.  “Charter schools in Virginia are public schools,” said Dr. Wright.  “We should be open to new ideas.”

Wright said that the charter school model is not designed to pluck out students who are already succeeding in the traditional public schools and put them into a new environment. Its to help students already struggling, and try a new approach that could eventually end the traditional school setting.

“The innovations that are being tested out in these schools could potentially be implemented in the regular schools setting or could prompt other charter schools to open up,” she said.

And that gamble, that charter schools will lead to groundbreaking innovations, is what McDonnell is banking on to convince the state legislature and school boards across the Commonwealth that more charter schools should be opened.  That according to Dr. Wright should alleviate the issue of access.

“As the charter school movement grows in Virginia there will be more opportunities for children to attend these type of innovative programs.”

But the only way the movement grows is if success is definable and occurs quickly.

You can see my complete interview with Dr. Wright from NBC12 First at 4 below:

(note: the above photo Courtesy of Michaele White, Governor’s Photographer)

You can see the full release from the Governor’s office  on the charter school legislation after the jump:

Robinson handily wins special election

Dr. Roxann Robinson has a new title, Delegate-elect. The Republican optometrist from Chesterfield easily defeated county Democratic party chairman Bill Brown, by capturing more than 70% of the vote in Tuesday’s special election.

Robinson outspent Brown by wide margins in the district that is traditionally Republican. Former Delegate Sam Nixon resigned the seat to become the head of VITA.

Democrats chose to not invest much in this race, despite some evidence that the district may be starting to lean to the left.  Democratic Party of Virginia Executive Director David Mills explained to the Washington Post why the party chose to push their candidate in the 26th District, which also had a special election tonight as well.  The Democrats ended up losing both races Tuesday night.

Here is the breakdown of the vote, including absentees via the Chesterfield County Government website:

House 27

William P. “Bill” Brown	Roxann L. Robinson	Write In
1295	3427	12

20 of 20 precincts reporting (includes absentee)

Pct Nbr	Pct Name	William P. “Bill” Brown	Roxann L. Robinson	Write In
201	Gates	52	146	0
202	Beulah	103	192	1
203	Bird	35	70	1
204	Jacobs	84	116	2
205	Falling_Creek	151	290	0
207	Chippenham	30	62	0
208	Meadowbrook	57	142	0
210	Five_Forks	78	200	1
212	St_Lukes	40	209	1
213	Southside	111	119	1
302	Deer_Run	28	65	0
307	Cosby	40	136	2
308	S_Manchester	13	84	0
316	Spring_Run	53	154	0
317	Birkdale	83	281	0
402	Genito	68	215	0
404	Providence	110	233	1
405	La_Prade	96	425	0
414	Crenshaw	42	111	0
701	Central_Absentee	21	177	2
702	Provisional_Votes	0	0	0

*Note- photo taken from roxannrobinson.com

Chesterfield voters to pick replacement for Nixon

Tuesday is election day in Chesterfield County. Voters in the 27th district in the House of Delegates will choose between two candidates to replace former Delegate Sam Nixon.  Nixon resigned his post after he was appointed the head of the Virginia Information Technologies Association.

Conventional wisdom would dictate that the Republicans should hold this seat without much trouble. That means Dr. Roxanne Robinson, a local optometrist is the favorite going into her race against Chesterfield Planning Commissioner and Democratic Party Chairman, Bill Brown.

While it would certainly be a surprise if Robinson were to lose, her victory is not a forgone conclusion. There are certainly more Republicans than Democrats in the 27th district, but up until 2009, the region was trending blue. Voters there chose Barack Obama over John McCain in 2008, but voted overwhelmingly for Bob McDonnell in 2009.

Robinson won the nomination over a crowded field of Republicans, while Brown ended up with the nod after statewide Democrats made a strong push for Dale District Supervisor Jim Holland and former Deputy County Administrator Pete Stith to run, but both declined.  Brown has received little to no support from the Democratic party after earning the nomination.

Robinson has raised a significant amount of cash compared to Brown.  She has raised a little more than $100,000 and has spent a little more than half.  Brown has raised just under $7,000 and has spent most of it.

The Chesterfield Observer has covered this race particularly well including some interesting stories about Robinson not showing up for a debate and admitting to the Times-Dispatch that she didn’t know very much about two important statewide issues, transportation and the budget (The TD editorial board has endorsed the Republican).

To see if you live in the district and to find out where you vote click here.

We’ll have coverage of the election Tuesday on NBC12 and Decision Virginia.

Cantor claims GOP unified in VA-5, while Democrats exploit divisions

By: Ryan Nobles – bio | email

Depending on who you talk to, you get a dramatically different picture of exactly what is going on in Virginia’s 5th Congressional District. Leading Republicans, like House Minority Whip Eric Cantor, believe the right has unified behind the clear victor from Tuesday’s primary, State Senator Robert Hurt.  Democratic party operatives however are selling a much different story, one of unhappy divisions amongst different right leaning factions that could be enough to allow incumbent Tom Perriello to cruise to victory.

Cantor, who was an early supporter of Hurt,  believes that his ability to garner almost 50% of the vote in a primary with multiple candidates, is evidence that Republicans will get behind the nominee.  “I think that reflects his strength in the district,” said Cantor.  “He is a conservative Southside Virginian.”

But while party loyalists, who always vote Republican are probably safely in the Hurt campaign, it is the far more unpredictable members of the local Tea Parties who are no guarantee to support the GOP candidate. Democrats have spent the last two days pushing stories that show different factions of the Tea Parties splitting from the nominee and Hurt’s opponents not rushing to give them their support.  The Democratic Congressional Campaign Committee released this video that is designed to remind those who aren’t too sure about Hurt, the reasons why he wasn’t their candidate during the primary.

Republicans though are banking on the hope that those on the right unhappy with Hurt, really don’t have anywhere else to go. Aside from a longshot write-in campaign for a yet to emerge candidate, the only other independent option is the little known Jeffrey Clark. Clark is expected to have a line in November, provided his petition to get on the ballot is accepted. Cantor is hoping that those in search of limited government and conservative principles realize that Hurt is a better option than sending the incumbent back to Washington.

“He  (Perriello) has voted for the stimulus plan, he voted for the cap-and-trade plan and he voted for President Obama’s trillion-dollar health care overhaul,” said Cantor.  “I can assure  you that if you ask the people of the 5th district, those are votes, they don’t agree with.”

But many Tea Party supporters don’t appear to have a problem with just sitting it out. The Lynchburg Tea Party has decided they won’t endorse anyone. Bradley Rees, the outspoken one time candidate tweeted that he will not compromise even if it means sending Perriello back to Washington.  “Your choices,” Rees wrote. “Stand on principle for long-term solutions, or sacrifice principle for short-term (& short-lived) satisfaction.” Rees is now supporting Clark. UPDATE: Rees contacted me to say he is actually still “collecting his thoughts” on the outcome of the primary.

While most of Hurt’s primary opponents have endorsed the nominee, still lingering out there is the support of Hurt’s closest rival, Jim McKelvey. McKelvey put out a statement in the wake of his loss on Tuesday but refused to weigh in on who he will vote for in November.  McKelvey did however write: “We, as conservatives, must be unified to defeat Tom Perriello this November.  And, we must do this now.”

It is difficult to quantify the impact that all of these different moving parts will have on the actual vote come November. Each county in the sprawling 5th district has its own Tea Party chapter and there is certainly no unity in their perspective. Expect the only consistent message on GOP dysfunction to come from Democrats, who have the most to gain by the right not speaking with the same voice.

FLASHBACK: we discussed this possible scenario with RNC Chairman Michael Steele back in December.

You can see the extended clip from Rep. Cantor’s comments below:

Allen hopes “macaca” will not be his legacy

George Allen took full responsibility for the “macaca” controversy which led to his political demise. In an interview Tuesday on NBC12 First at 4,  Allen called the incident where he called out a member of the Jim Webb campaign staff who was videotaping him, a “mistake”.

“If I had any idea that word would be construed as a slur,” Allen explained,  “I would never have said it.”

That is consistent with how he discusses the incident in his new book “What Washington Can Learn From The World of Sports“.

In the book, Allen writes:

“I thought of it as a nonsense word. If I had known the nickname could be considered a racial slur, I would not have said it….

…I apologized to him and take full responsibility for the remark and its aftermath, which should have been handled much better.”

-George Allen,
from the book What Washington Can Learn From The World Of Sports 
pg163

Detractors of Allen have had trouble believing that he did not know exactly what macaca meant. They point to his mother’s North African roots as an example of his exposure to the derogatory term.  Allen thinks that connection is a bit far fetched.

“Don’t drag my mother into it,” said Allen.  He claimed that his mother Henrietta, who was born in Tunisia, also had no idea what the word meant. Instead, the former Senator and Governor made the case that all the incident did was detract from the important issues in the campaign.

“It was a made up word, a nonsense word and the campaign opposition was able to get into word origins and gotcha politics,” he said.

The Republican said he hopes the incident won’t define his political legacy. He said that people should judge him by his record, not just one incident. He also left the door open to the idea that his career in the public sector isn’t done quite yet.

“My answer as far as what I may do in the future and running is ‘perhaps’.”

Perhaps we have not seen the last of George Allen.

Our full interview can be seen below.

Today on NBC12 First at 4: George Allen

Former Governor of Virginia and United States Senator George Allen will be my live guest today on NBC12 First at 4. The interview will also be streamed live at NBC12.com.

Allen has just released a new book called “What Washington Can Learn From the World of Sports.” The book offers an inside look at the central tenant of Allen’s governing philosphy and is filled with anecdotes from the sports world. Many of the anecdotes come from his personal experience, or the experience of his father, the legendary one time coach of the Washington Redskins, George Allen.

Allen also offers some insight into his own political carrer and perhaps what his future holds. We will discuss all of these topics during our interview today at 4.

And of course, I’ll have a recap later on Decision Virginia.

McDonnell stands by Malek

Governor Bob McDonnell mounted a passionate defense on Friday for the man who will lead his effort to reform Virginia government.

Fred Malek, a donor to the McDonnell campaign, and Republican activist, has come under fire from Democrats because of his role tracking  Jewish people during the Nixon administration. Democrats have called for McDonnell to remove Malek as the Chair of his Government Reform and Restructuring Commission.

The Governor refuses to bow to the Democratic pressure, accusing them of standing in the way of reform. He pointed to the six current members of the commission who are Democrats and have not stepped down, despite the problems party activists have Malek’s role.

You can see my story on the controversy and the first meeting of the commission on NBC12.com.

The Governor held a testy exchange with reporters following his opening remarks to the group. He rejected the notion that Malek could be a distraction to their efforts to reform Government.

Meanwhile Malek, who had not commented on the controversy, also spoke briefly with reporters and called his work in the Nixon Administration a mistake, “The biggest one I ever made in my life.”  He also said that he never offered to step down from his role as Chair to elminate the distraction for the Governor.