Bacon's Rebellion

  • Virginia Bill Would Allow Even Serial Killers to be Released After 15 Years

    Posted on

    by

    Bob Rayner

    from the  Liberty Unyielding blog

    On January 9, a bill was introduced to let Virginia prison inmates be released after 15 years with the approval of a judge. Even serial killers serving life sentences without parole would be eligible for release. In 2022, a similar bill easily passed the Democratic-controlled state senate, only to die in the GOP-controlled House of Delegates. But this year, Democrats control both houses of Virginia’s legislature, so it may pass.

    The bill, HB 834, would not require all inmates to be released after 15 years, but it would encourage their release by letting judges release inmates based on factors slanted in favor of release, and by giving most inmates the right to a taxpayer-funded lawyer to argue for their release. The bill instructs judges to consider factors that typically favor release, such as “support from” stakeholders for the inmate’s release, “and the petitioner’s efforts to participate in any educational or therapeutic programs.” It does not list factors such as deterrence and retribution, even though the Supreme Court has ruled that those are both valid reasons to keep an inmate in prison, in decisions such as Tison v. Arizona (1987).

    Such early releases would increase crime and make it harder to deter premeditated murders. A 2014 study in the American Economic Journal found that early releases of prison inmates increased Italy’s crime rate. A 1998 study found that longer prison sentences deter violent crimes more effectively than short ones, based on California’s experience after it increased sentences for repeat offenders who commit murder, robbery, or rape. (See Daniel Kessler, et al., Using Sentence Enhancements to Distinguish between Deterrence and Incapacitation, National Bureau of Economic Research Working Paper 6484 (March 1998)). (more…)

  • Will Democrats Revisit Virginia Net Zero Laws?

    Posted on

    by

    Steve Haner

    Senator David Marsden, D-Fairfax, sees “serious problems” in Virginia’s net zero laws.

    By Steve Haner

    For the third year in a row, Democrats in the Virginia Senate have shot down an effort to divorce Virginia’s auto dealers from California’s impending mandates on electric vehicle sales. But before the predetermined vote went down, the new chair of the committee made a surprise announcement that he and his colleagues are open to revisiting Virginia’s legal rush to end fossil fuels.

    Senator David Marsden, D-Fairfax, said he and Senator Creigh Deeds, D-Charlottesville, have discussed using the period between the 2024 and 2025 General Assembly sessions to convene a conference on the 2020 Virginia Clean Economy Act (VCEA) and the many other statues they passed to suppress coal, oil and natural gas use.  Republicans later shared his musings on X.

    What serious problems, Mr. Chairman? Tell us more.

    Marsden is the new chair of the Senate Agriculture, Conservation and Natural Resources Committee and Deeds now chairs the Commerce and Labor Committee. The Virginia Mercury noted Marsden’s comments at the tail end of its report on the meeting, but it was the only actual news to break out that afternoon. The Richmond Times-Dispatch failed to mention Marsden’s announcement but had a nice photo of a half-empty Tesla charging lot in California.

    Truth would have been better served by a photo of the stranded EV’s waiting for crowded, failing chargers in frigid climes this week. There is a reason consumers have not been rushing to buy EV’s at the expected rates.  Despite the happy talk from mandate proponents, the targets are pie-in-the-sky. The only winner in this whole process is Tesla, getting rich selling carbon credits under the cap-and-trade element of the California regime. (more…)

  • It’s a Different House Courts

    Posted on

    by

    Dick Hall-Sizemore

    Del. Vivian Watts (D-Fairfax), chair, Subcommittee on Criminal Laws

    by Dick Hall-Sizemore

    Long-time observers can attest to the significant changes that have occurred in the legislature over the decades. Perhaps nowhere are these changes more evident than with the House Courts of Justice Committee and its Subcommittee on Criminal Law.

    This committee and its criminal law subcommittee had a reputation as being tough, and many legislators, especially non-lawyers, dreaded appearing before them. Its members were some of the most senior members of the House and most were experienced trial lawyers. It was a rowdy and colorful group. The committee handled more legislation than any other committee.

    For many years, the legendary A.L. Philpott (D-Henry), widely acknowledged as having the deepest knowledge of criminal law of any legislator, reigned over the committee and subcommittee. During most of the current century, Rob Bell (R-Albemarle), another delegate with extensive experience with criminal law, chaired the subcommittee and then the full committee.

    The committee and subcommittee had the reputation of being hard-nosed about criminal law. However, being experienced trial lawyers, most members were cognizant of the possibility of proposed legislation having unintended consequences if not worded precisely. Therefore, they would often go over bills line by line to ensure that the meaning of the proposed language was clear. (more…)

  • Covid vs. Religious Freedom at UVA

    Posted on

    by

    James A. Bacon

    by James A. Bacon

    The University of Virginia has paid more than $1.8 million in legal fees fighting a lawsuit filed by UVA Health employees who were fired, despite religious objections, for refusing to take the Covid vaccine. And that’s just through November. Given the continuing litigation, billing has likely passed the $2 million mark.

    Eleven former employees filed a lawsuit a year ago, claiming that the $3 billion-a-year-in-revenues health system arbitrarily declined to grant them religious exemptions from the vaccine mandate.

    Hunton Andrews Kurth is the lead law firm for UVA, charging between $600 and $900 per hour for legal services and racking up $1.52 million in charges through November, according to documents The Jefferson Council has acquired through the Freedom of Information Act. Eckert Seamons has charged $240,000, and IslerDare $70,000. (more…)

  • Morals, Coddling, Mental Illness, and Wokeness

    Posted on

    by

    James A. Bacon

    *** sponsored content ***

    Jonathan Haidt

    by James A. Bacon

    Jonathan Haidt is one of the most important public intellectuals in America today. If you’re not familiar with his work, you need to be. You’ll get a chance to hear him when he comes to the University of Virginia February 8 as a guest of The Jefferson Council.

    The social psychologist (and former UVA professor) gained national attention in 2012 with the publication of his book, The Righteous Mind: Why Good People Are Divided by Politics and Religion, which asks the question, why can’t we all get along? In America, liberals and conservatives hew to different sides of six fundamental moral realms such as Fairness/Cheating and Liberty/Oppression, he argues. Differing moral sentiments translate into different worldviews, which inform different political positions. Moral intuitions are the primary driver, and reason follows mainly as a means to justify those intuitions. Though an old-fashioned liberal who has confessed to having never voted for a Republican for president, Haidt eschewed demonizing those who think differently. Liberals and conservatives alike, he said, are prone to group thinking, rationalizing their intuitions, and confirmation bias (seeking data that confirms their worldviews while ignoring data that doesn’t). 

    Jonathan Haidt
    February 8, 2024, 6:30 p.m.
    Nau Hall Auditorium
    Register here

    (more…)

  • Birth Dearth Portends Continued Public School Enrollment Losses

    Posted on

    by

    James A. Bacon


    The Demographics Research Group at the University of Virginia Projects significant erosion in public school enrollment in Virginia through 2030 — the effect of a seemingly permanent Covid-prompted loss of some 40,000 students to private schools and home schooling, combined with a shrinking birthrate that was evident before the Covid epidemic. Hamilton Lombard has the story here.

    To see a map showing gainers and losers, read on…. (more…)

  • Why Is Anne Holton Claiming the Length of Virginia’s School Closures Didn’t Matter? (Part 2)

    Posted on

    by

    Bob Rayner

    Anne Holton

    (Editors’ note” Part 1 of this series ran yesterday on Bacon’s Rebellion.)

    by Vernon Taylor (a pseudonym)

    Let’s take a look at Anne Holton’s claims about Virginia’s prolonged school closures and learning loss, which were made at a Dec. 12, 2023, meeting of the Virginia Board of Education, of which she is a member.

     

    1. Virginia Data Are Sparse

    Holton did not specify to which data she was referring. But Emily Oster of Brown University and other researchers looked at pre- and post-COVID test data from 12 states, including Virginia. The peer-reviewed study found that learning loss was generally “larger in school districts with less in-person instruction,” with Virginia’s test data showing the greatest correlation between school closures and learning loss. In addition, similar to the statement by Sturdefin about chronic absenteeism, the study notes its results are consistent with pre-COVID research on learning loss from summer break and unplanned closures.

    2. The PISA Data Did Not Show a Significant Causal Effect

    As explained above, Rotherham pointed out the Programme for International Student Assessment (PISA) results still showed a modest causal effect. For instance, students from countries with closures of less than 3 months performed better on average in math than those from countries with closures longer than 3 months (Box II.2.1). (more…)

  • Still Acting Like a Rookie

    Posted on

    by

    Dick Hall-Sizemore

    by Dick Hall-Sizemore

    Governor Glenn Youngkin does not seem to be a fast learner. He seems to think he is still at the Carlyle Group where the top brass announced deals and the rest of the organization fell in line. That’s not how it works with a bicameral legislature, especially when your party is in the minority in both houses.

    About a month ago, the governor announced, with much fanfare, a plan to bring the Washington Wizards and Washington Capitals to Potomac Yard in Alexandria. It would be a $1.5 billion deal involving the construction of a sports arena and supporting facilities. A new sport and entertainment authority would oversee the project, including issuing bonds to fund it. The General Assembly would need to approve the legislation creating the authority.

    The General Assembly has convened and the members have questions about this deal. However, as reported by the Washington Post, the administration has few answers. It does not have the bill language ready for the members to review. Even more basic, at the end of last week, it did not have a patron for the legislation lined up. Delegate Luke Torian (D-Prince William), chairman of the House Appropriations Committee said that the administration had asked him to carry the bill in the House, but he was still waiting to see the bill. “I hope to have an opportunity to see it over the course of the weekend,” he said. (more…)

  • U.S. Constitution Calling Jason Miyares . . .

    Posted on

    by

    Bob Rayner

    by Jock Yellott

    Affirmative action is unconstitutional, said the U .S. Supreme Court last June.

    But we’ll keep doing it until somebody tells us not to, says Virginia’s Department of Transportation. In some quarters, it seems we’re seeing Massive Resistance to the Supreme Court’s ruling.

    An especially absurd, and ongoing, affirmative action boondoggle called the Disadvantaged Business Enterprise program magnifies the cost of Virginia roadbuilding … and causes minority lay-offs. Yes: it’s hurting the minorities it is supposed to help.

    Recently, a Charlottesville small business won a city contract to build a bike path. But the Virginia Department of Transportation told the City: deny them the contract. Not enough “good faith effort” to go find minority subcontractors, they opined.

    Losing the contract means laying off the small business’s employees. Nearly half of whom are minorities. (more…)

  • Thank Coal, Gas for Your Warm House Today

    Posted on

    by

    Steve Haner

    PJM generation mix as of 8 a.m. this morning. Coal, natural gas and nuclear are meeting the vast majority of the demand.

    By Steve Haner

    Good morning, Virginia.  Your lights and heat are on, and you can thank coal and natural gas. Here are the 8 a.m. charts from PJM’s website, which you can check periodically today as the winter weather closes in. Those fuels were providing more than 66% of our electricity, with nuclear providing almost another third. Go to the website for the interactive version. The 9 a.m. chart is little changed.

    The data are for the entire PJM region, not just Virginia.

    Billions of dollars into the renewable energy transition, various renewable sources were providing less than 6 megawatts throughout the entire system, not even 5% of demand. Solar should increase a bit as the day proceeds, but the projection (on the same website) is that wind will dip toward the middle of the day.

    The breakdown of generation from renewable sources, mainly hydro. The solar output should improve but in much of the region winter storm clouds will continue to limit it, and snow may pile up on solar panels.

    Remember, this is a holiday and the peak demand projected for the workday tomorrow is higher. But the sun may be back to help at least a bit.

    We could be Alberta, Canada. Here is what they are going through. Or Texas. Read those links and know, that is the future the General Assembly and the wind and solar industrial complex that owns it have planned for us.

  • Why Is Anne Holton Claiming the Length of Virginia’s School Closures Didn’t Matter? (Part 1)

    Posted on

    by

    Bob Rayner

    Anne Holton

    by Vernon Taylor (a pseudonym)

    The Virginia Board of Education meeting on December 12th, 2023 had a rare moment of must-see TV (22:50 – 29:27). In an attempt to gaslight parents, students and educators everywhere as she ignored the preponderance of data from COVID-era and post-pandemic studies, Board Member Anne Holton proposed an amendment striking the following words from the Board of Education’s 2023 annual report:

    These [learning] losses were most severe among low-income and minority students and students whose schools were closed longest.

    Board Member Holton reasoned (emphasis added):

    The evidence for it is in my estimation inconclusive at best. The Virginia evidence is very sparse and it disappears if you control for poverty…. The international evidence, the PISA report, just came out saying the countries that opened sooner did not perform significantly better in the pandemic than those…who stayed closed longer.

    Finally, and most importantly, our school board leaders and other local education leaders had very, very tough challenges in the pandemic. We were operating under so many unknowns. They were trying to manage so many priorities, keeping their staff safe and alive, keeping their students safe and alive and protecting against learning loss. They were all doing the best they could in my opinion under very difficult circumstances with so many things we just didn’t know at the time and to me these words are unnecessarily picking a fight with those who closed schools longer. Nobody in Virginia closed schools very long frankly, and most of them were open by March ‘21.

    (more…)

  • Virginia Legislation Would Penalize Lack of Diversity in Firms Seeking Economic Development Aid

    Posted on

    by

    Bob Rayner

    by Hans Bader

    Recent Virginia legislation raises interesting constitutional issues under the Fourteenth Amendment’s equal protection clause. Virginia legislators have introduced bills that would make corporate board diversity a factor in whether to give corporations tax incentives for economic development. In deciding whether to approve tax incentives to a company, the MEI Project Approval Commission would have to consider whether “at least 30 percent of [its] board of directors consists of women and historically underrepresented groups.” The requirement is contained in House bill HB 212 and Senate bill SB 393.

    The legislation doesn’t strictly require a quota, but there are instances in which courts have struck down state laws that merely encouraged the consideration of race and gender, without requiring quotas. One example is when a federal appeals court struck down a California law that required general contractors to either subcontract percentages of the work to minority, women, and disabled veteran-owned subcontractors, or demonstrate good faith efforts to do so. The required “goals” were not particularly onerous — “not less than” 15% for minority business enterprises, 5% women, 3% disabled veteran. And companies merely had to try to meet them (not succeed).

    But the Ninth Circuit Court of Appeals struck down the law, because even though “the statute does not require set-asides” based on race or gender, “it encourages them.” (See Monterey Mechanical Co. v. Wilson, 125 F.3d 702 (9th Cir. 1997), striking down California Public Contract Code § 10115(c)).

    So, the fact that the Virginia legislation does not impose a rigid quota for women and historically underrepresented groups does not insulate it from a constitutional challenge. A desire to help historically underrepresented groups doesn’t give government officials broad leeway to promote race or gender in selection, even as one of many factors, as the Supreme Court illustrated last year in striking down admissions policies at the University of North Carolina and Harvard University that were designed to promote racial diversity, and open doors to historically underrepresented groups like African-Americans.  (See Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023)).
    (more…)

  • A Nice Story Turns Out Not to be Such a Nice Story After All

    Posted on

    by

    Dick Hall-Sizemore

    Mary Jane Burton

    by Dick Hall-Sizemore

    A recent podcast produced by VPM, Richmond’s public radio station, is both fascinating and disheartening. Admissible: Shreds of Evidence deals with the early days of the use of DNA as forensic evidence. In particular, it is the story of Mary Jane Burton, a long-time serologist for what is now called the Department of Forensic Science (DFS).

    It may come as a shock to some of this blog’s readers, but, in the 1990’s, Virginia was a national leader in the use of DNA for solving crimes. In 1989, the Virginia Supreme Court ruled that DNA could be used as evidence in trials. The 2001 General Assembly enacted legislation to allow offenders to request testing of any biological evidence that had been collected during the investigations of the offenses for which they had been convicted before the techniques for DNA testing had been developed.

    Three people submitted requests in 2001 to test any DNA evidence in their cases. The first case taken up by DFS was that of Marvin Anderson, who had been convicted of rape in 1982 and sentenced to 20 years in prison. Although he had been on parole for several years by 2001, he was anxious to clear his name, if possible.  In looking through his file, the DFS director discovered the tip of a cotton swab taped to a page of the report. Including the evidence in the file in that manner was against the protocols of the agency. When the DNA of the fluid on the swab was tested, it ruled out Anderson as the perpetrator. The other two offenders who had requested testing of evidence in their files were similarly exonerated. (more…)

  • A Modest Suggestion

    Posted on

    by

    Dick Hall-Sizemore

    by Dick Hall-Sizemore

    Gov. Glenn Youngkin has taken a tough stance toward the Chinese. He has prohibited state agencies from using the TikTok platform. He wants to ban the use of TikTok by Virginia residents under 18. He championed legislation prohibiting the sale of Virginia farmland to Chinese buyers. Finally, he scuttled the location of a major electric car battery factory in Southside Virginia because one of the owners was a Chinese company.

    The Governor is correct in his concern about the Chinese government. That country poses a major threat to the United States. But let’s be honest — none of those actions will have any effect at all on the Chinese government.

    If the governor wants to go beyond political grandstanding and issuing toothless edicts, he could take the next step: prohibit state agencies from purchasing anything made or assembled in China. The large appetite of American consumers over recent decades for products made in China was undoubtedly a major factor in the growth of its economy and power.

    Granted, the loss of the Virginia government agency market may not be much more than a drop in the ocean of the Chinese economy. However, it would be a substantive step by the governor. He could also use his “bully pulpit” to encourage Virginia citizens and businesses to avoid buying and selling products made in China. Constitutionally, that is as far as he could go, but these steps would put some substance behind his calls of concern.

  • Jeanine’s Memes

    Posted on

    by

    James A. Bacon

    From The Bull Elephant

Now Available

Book cover of 'Dust Mites: A Second American Revolution' by James A. Bacon, featuring astronauts planting a flag with a blue and white emblem on a lunar landscape, with Earth visible in the background.
For sale on Amazon.com

The year: 2075. The American colonies on the Moon are getting restless under Washington’s tyrannical rule….

This second edition of “Dust Mites” has a snazzy new cover, includes helpful lunar maps, and is 5,000 words tighter than the original. The sequel, “Trogs,” is scheduled for publication this summer.

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Bacon’s Rebellion is Virginia’s leading politically non-aligned portal for news, opinions and analysis about state, regional and local public policy. Read more about us here.

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