• AG Mark Herring Takes Aim at Gun Show

    by Kerry Dougherty

    Mark Herring is so proud of himself that he took to Twitter yesterday to do a little preening.

    Virginiaโ€™s attorney general even put those silly flashing light icons at the top of his post so youโ€™d know this was really big news.

    Yep, Herringโ€™s chuffed because he successfully stopped Virginians from buying firearms this weekend. A big victory for Richmondโ€™s anti-gun crowd.

    This had nothing to do with COVID-19. The pandemic was just a convenient excuse.

    Herring essentially shut down a popular three-day Northern Virginia gun show that had already put into place rules for reduced capacity, masks and social distancing, as they had for two earlier shows this year. (more…)


  • Teacher Suspended for George Floyd Reference in Chemistry Question

    Teacher’s George Floyd pun: bad taste, even offensive, but was it a firing offense?

    by Hans Bader

    A high-school teacher in Arlington is under investigation and has been “relieved of classroom duties” after posting a chemistry question that referred to the killing of George Floyd by Minneapolis police. โ€œGeorge Floyd couldnโ€™t breathe because a police officer put his _____ Georgeโ€™s neck,โ€ the question read. The answer is โ€œneon,โ€ an element that sounds like โ€œknee on.โ€

    If the teacher is fired from his position, that will violate his constitutional rights, because teachers weren’t on notice that such classroom references to killings were forbidden. While school districts are entitled to control what students are taught, they can’t punish instructors for classroom speech without first making clear that it’s prohibited. If “people of common intelligence” wouldn’t have known that such references were forbidden, then punishing an instructor for them “violates due process,” as judges explained Bradley v. University of Pittsburgh (1990).

    For example, an appeals court overturned the discipline of a professor for classroom lectures deemed sexually insensitive, because he wasn’t on notice that his remarks — which weren’t aimed at any particular student — would be deemed to fall within the “nebulous outer reaches” of his college’s sexual harassment policy. (Cohen v. San Bernardino Valley College (1996)). (more…)


  • The Failure of University Governance

    by James A. Bacon

    In his new book co-authored with Richard J. Cebula, “Runaway College Costs,” James V. Koch goes beyond the usual lamentations about how out-of-controlย  costs are making colleges and universities increasingly unaffordable and inaccessible to millions of Americans. He describes how higher-ed governing boards have largely failed in their fiduciary duty to students to curtail the expensive ambitions of college administrators.

    As alumni revolts gain momentum at the University of Virginia and Washington & Lee University, disgruntled graduates seeking to tame the politically correct enthusiasms of the current regimes would do well to read this book. It provides the best overview of higher-ed governance issues I have seen anywhere. If conservative alumni hope to exert influence on the direction their alma maters are going, they need to understand who holds power in the modern university and how they wield it.

    Koch starts with the observation that the vast majority of college and university boards of visitors act as rubber stamps for spending and tuition proposals submitted by their institutions’ presidents. Dissenting voices are rare, and unanimous votes are the norm. Costs and tuition have increased relentlessly over the years because governing boards have allowed them to. (more…)


  • U.S. Supreme Court Must Limit Virginiaโ€™s Gubernatorial Authority in Emergencies

    by James C. Sherlock

    Sic Semper Tyrannis

    Kerry Daugherty, as is her want, posted a particularly compelling essay today.ย The most important thing Kerry wrote was: โ€œPlease let there be another lawsuit. And let it get to the Supreme Court…. Seems only the courts can save us from these tyrants.โ€

    She is absolutely right.

    Article IV of the United States Constitution

    SECTION 4. The United States shall guarantee to every State in this Union a Republican Form of Government

    From contemporaneous notes from James Madison:

    โ€œResd. that a Republican government . . . ought to be guaranteed by the United States to each state.โ€ 1 M. Farrand, The Records Of The Federal Convention Of 1787 22 (rev. ed. 1937).

    In a letter in April, 1787, to Randolph, who formally presented the Virginia Plan to the Convention, Madison had suggested that โ€œan article ought to be inserted expressly guaranteeing the tranquility of the states against internal as well as external danger. . . . Unless the Union be organized efficiently on republican principles innovations of a much more objectionable form may be obtruded.โ€

    Edmund Jennings Randolph of Virginia, supporting Madisonโ€™s version pending then, said that

    โ€œa republican government must be the basis of our national union; and no state in it ought to have it in their power to change its government into a monarchy.โ€

    Madison and Randolph were prescient. ย Governors love kingly authority. (more…)


  • I Thought It Was All About the “Science”


    by James A. Bacon

    Governor Ralph Northam likes to say he follows the “science” and the “data” when promulgating rules to fight the spread of the COVID-19 virus. But he admitted yesterday that the latest round of lockdown measures — which included ordering children as young as five to wear masks — was inspired by images in the media.

    “I will tell you what really affected me is seeing mobile morgues outside hospitals because there’s no place to put the dead. We don’t need that to happen to Virginia,” he said in his latest press briefing.

    As described by the Roanoke Times, he started by talking about the data. But “then he became somewhat emotional,” the newspaper writes, and he said the sight of the mobile morgues prompted him last Friday to impose the latest measures. (more…)


  • Arbitrary and Capricious Rules for Thanksgiving

    by Kerry Dougherty

    I missed Gov. Ralph Northamโ€™s COVID press conference yesterday. Thatโ€™s OK, his pressers always fill me with dread.

    Yet I had a legit reason for skipping this one: I was getting my hair done. In case Northam decided that the only way to โ€œslow the spreadโ€ was to put Virginiaโ€™s hair stylists out of business. Again.

    He didnโ€™t. But Northam was clear that โ€œeverything is on the tableโ€ if our COVID numbers donโ€™t come down.

    โ€œDo the right thing,โ€ he said sternly.

    Is there anything more annoying than a governor lecturing the people and blamingย themย for a virus?

    News flash: We ARE doing the right thing, governor. And the virus is doing its thing. Stop blaming people for a virus that you and your wife caught. Were you two doing the wrong thing? Or did you discover that no matter what precautions you take, anyone can be infected? A little self-awareness would be nice. (more…)


  • The Coming Push for Electric Vehicles in Virginia

    by James A. Bacon

    Now that Virginia is committed to a 100% renewable electric grid by 2050, the push is on to decarbonize the transportation sector. In a word, that means persuading Virginians to switch from cars with internal combustion engines to electric vehicles (EVs). In an early sign of what’s to come, a Charlottesville-based group, Generation180, has published a report detailing policies needed to encourage widespread adoption of EVs in the Old Dominion, “Virginia Drives Electric 2020.

    There is much good that can be said of electric vehicles. They have lower fuel prices and maintenance costs. Generation180 says the cost is $6,000 to $10,000 cheaper over the car’s lifetime. If that were accurate, I would expect to see more than 24,000 EVs on Virginia’s roads. Still, I buy the argument that the cost is increasingly competitive. Moreover, there is the social benefit from reduced pollution and lower CO2 emissions. I suspect those numbers are hyped and exaggerated, but clearly there is some benefit. All things considered, I think EVs are a great idea. But let’s not suspend our rational faculties when discussing them.

    Generation180 has identified barriers in Virginia to rapid EV adoption. One is the shortage of inventory in automobile dealership showrooms. “We found 1,347 new and used electric vehicles in Virginia, compared to 2,399 in Maryland. In other words, inventory was 44 percent lower in the Virginia cities than in the comparable cities in Maryland.” (more…)


  • Where Does Ralph Northam Go From Here with COVID-19?

    Image by Andrรฉ Santana from Pixabay

    by DJ Rippert

    Marcel Marceau. Ralph “The COVID Mime” Northam dropped a bevy of increased Coronavirus restrictions on the state last Friday. Those new restrictions on Friday followed another rambling COVID press conference held by Northam the prior Tuesday. Anybody watching the Tuesday news conference could be forgiven for being shocked by The COVID Mime’s actions on Friday. Unlike governors such as Larry Hogan in Maryland Northam avoids any serious discussion of possible actions he might take to slow the spread of the resurgent virus in Virginia during his press conferences. Instead, Northam recites statistics about COVID-19 in Virginia and reminds people to wear masks, maintain social distance and wash their hands regularly. He also provides pithy commentary such as, “This is very concerning, especially because it is getting colder. The holidays are approaching and the temptation to gather with other people is high.” Then, as the news week winds to a close, Northam drops a COVID bomb. To say Jim Bacon was exasperated is putting it mildly. The virus has continued to spread internationally, nationally and in Virginia.ย  So, we get to play the next installment of the Bacons Rebellion game show “What will The Mime do next?” (more…)


  • One Governor Blinks on Carbon Tax. Will Northam?

    By Steve Haner

    The governor of Massachusetts stated yesterday that he and other unnamed governors in Transportation and Climate Initiative states are reconsidering the new carbon tax. Is our Governor Ralph Northam among them? He has a news conference this afternoon and somebody should ask.

    From a post late yesterday at the Boston Herald:

    โ€œGov. Charlie Baker said governors are re-evaluating support of a controversial carbon tax designed to limit greenhouse gas emissions as advocates renew calls for its passage.

    โ€œWeโ€™re living at a point in time right now thatโ€™s dramatically different than the point in time we were living in when peopleโ€™s expectations about miles traveled and all the rest were a lot different,โ€ Baker said Tuesday during a press conference at the State House.

    (more…)


  • Virginia Drug Overdoses Could Exceed 2,000 This Year

    Source: Office of the Chief Medical Examiner

    by James A. Bacon

    In just the first half of 2020, at least 1,086 Virginians died from drug overdoses, an increase of 427 deaths, or 39%, from the first six months of the previous year, according to the Virginia Office of the Chief Medical Examiner’s 2nd Quarter 2020 report.

    The first quarter was trending upward before the COVID-19 epidemic hit, showing an increase in 52 deaths compared to the same quarter the previous year. However, overdose deaths spiked in the second quarter, surging by 254 deaths in a year-to-year comparison, after Virginia mandated lockdown measures that threw hundreds of thousands out of work and enforced social isolation.

    Kathrin “Rosie” Hobron, the Virginia Department of Health’s statewide forensic epidemiologist, described the spike to The Virginia Mercury as “absolutely shocking.” She predicts a total of more than 2,000 overdose deaths this year. (more…)


  • Cancel the Student Debt? Kiss the Working Class Goodbye.

    by Kerry Dougherty

    We only have ourselves to blame. Baby Boomers, that is.

    We were the progeny of the Greatest Generation, but growing up in their houses, with their rigid rules and endless chores, our folks didn’t seem like the greatest.

    They seemed heartless when they sided with teachers over us and when they doled out corporal punishment for lackluster report cards.

    So, when we had our own kids, we coddled them in ways our tough-love parents never imagined.

    The every-player-gets-a-trophy culture was created because my generation couldn’t stand to see our dejected kids stand empty-handed at the end of the sports season while the gifted athletes took home all the hardware.

    Our parents told us to try harder if we wanted to win. We told our kids that winning didn’t matter. (more…)


  • RGGI Carbon Tax Hits Dominion Bills Next Summer

    By Steve Haner

    Beginning August 1 of next year, Dominion Energy Virginia proposes to begin to collect the Regional Greenhouse Gas Initiative carbon tax from its customers, collecting $168 million during the first year through yet another of those proliferating rate adjustment clauses (or โ€œRACsโ€).

    It will get it by charging a flat $.002388 per kilowatt hour, or $2.39 on every 1,000 kWh. The same charge will be imposed on residential, business, industrial and even non-profit customers. The full case file is here.

    Is the universal flat rate a break for residential customers or a break for the largest users? Usually, there are complicated differences in their tariffs. Look for example at the RAC charge for other environmental projects at the utility, Rider E. Residential customers pay $1.68 per 1,000 kWh for that, while large industrial accounts pay from $1.25 (GS-1) down to around 70 cents (Schedule 10).ย  (more…)


  • Another VA Gas Pipeline Project Dies Under Fire

    Still Alive? The northern part of the Header Improvement Project. Source: VNG Application.

    By Steve Haner

    Another proposal to build a pipeline pumping wealth and prosperity into the Virginia economy has been brought down. That is my impression of what the impact would be of expanding natural gas supply to our state โ€“ added wealth and prosperity. This beneficial project is not to be.

    Virginia Natural Gas has notified (read it here) the State Corporation Commission that it is abandoning plans for the Header Improvement Project, a major expansion connecting existing major transportation pipelines with its Hampton Roads service territory. That also ends its plans to provide service to two merchant electricity generating plants in Charles City County that would have been served by the additional supply.

    The dispute over the expansion was discussed here earlier this year. The project drew the usual environmental objections, based on their firm belief that natural gas pipelines deliver death, but the SCC itself sank the plans over its skepticism that one of the electric generation plants would actually get built and need the supply. Writes VNG through counsel:

    (more…)


  • How to Promote Ideological Diversity at Washington & Lee

    by Neely Young

    It is well known by now that the professoriate at many colleges and universities, particularly the more elite ones, is dominated by politically liberal faculty. American higher education needs ideological diversity in classrooms, particularly in those that touch on political and social issues. Disciplines like sociology, history, political science, literature, and philosophy have been increasingly shaped by progressive, intellectual currents over the last several years. Conservative students often avoid such courses because they feel they will be called out on their views. On many campuses, there are no conservative professors in the social sciences and humanities.

    Indeed, many classrooms in these subjects are “homogenous islands.” In a recent study published by the National Association of Scholars, “Homogenous: The Political Affiliation of Elite, Liberal Arts Faculty,” Michal Langbert states that such homogeneity of viewpoint may well bias research and teaching, constrict intellectual discussion within the faculty, and deprive students of diverse viewpoints.

    In his new book, Safe Enough Spaces: A Pragmatist’s Approach to Inclusion, Free Speech, and Political Correctness on College Campuses, Michael Roth, the President of Wesleyan College, has made an appeal for heterodoxy of campus viewpoints, particularly in the humanities and social sciences. As he says, “We need an affirmative action program for ideas emerging from conservative and religious traditions.”

    The situation at Washington and Lee does not seem to be as dire as at some schools, but it is undoubtedly true that the faculty is more politically liberal than at any point in the past, that many conservative professors and students feel like outsiders and are not as willing to express their points of view, and that many of the liberal faculty members have played an outsized role in the controversies and crises of the last few years. The vote of 79% of the faculty to change the name of the university is a strong indication of the left-leaning propensities of that group. (more…)


  • How Childhood Traumas Are Driving Special-Needs Funding

    Spending on private day schools has driven the increase in CSA spending over the past ten years. Graph source: JLARC

    by James A. Bacon

    More than 17,000 Virginia school children were categorized by the Virginia Department of Education as being disabled by autism or severe emotional issues in the 2018-19 school year. If these students get too unruly for schools to handle, they often wind up getting transferred to private special-education day schools.

    The cost of providing these special services, paid under the state’s Children’s Services Act (CSA), has more than doubled since Fiscal Year 2010 to $186 million, according to a new report by the Joint Legislative Audit and Review Commission (JLARC). Spending increases have averaged about 14% per year since FY 2010.

    Tuition at these private schools range from $22,000 to $97,000 per child, consistent with the cost of providing low student-to-staff ratios. Charges per child have risen about 3% annually, a bit more than the inflation rate. The big cost driver has been the 50% increase in enrollment over the decade. (more…)