Category Archives: Courts and law

Virginia Judge Defends Handgun Purchases For 18-20 Year-Olds In New Ruling

by The Republican Standard staff

In a groundbreaking decision, a federal judge in Virginia has ruled that a ban on handgun sales to individuals between the ages of 18 and 20 is unconstitutional, citing last year’s Supreme Court Bruen decision.

Fox News reports:

In a 71-page ruling issued Wednesday, U.S. District Court Judge Robert Payne said that since adults under 21 have the right to vote, join the military and serve on a federal jury, there is no reason why federal law should restrict them from buying a firearm. “If the Court were to exclude 18-to-20-year-olds from the Second Amendment’s protection, it would impose limitations on the Second Amendment that do not exist with other constitutional guarantees,” Payne wrote. “Because the statutes and regulations in question are not consistent with our Nation’s history and tradition, they, therefore, cannot stand,” he wrote. … This class action lawsuit was brought by John Corey Fraser, 20, and other plaintiffs who said the Gun Control Act of 1968 and subsequent regulations from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) were unconstitutional because they excluded all adults under 21 from “exercising the right to keep and bear arms.” Fraser, 20, had attempted to purchase a Glock 19x handgun from a licensed dealer but was turned away, according to the lawsuit.

The ruling was derided by a number of gun control advocacy groups, including Everytown for Gun Safety which believes that “the federal law prohibiting federally licensed firearms dealers from selling handguns to individuals under the age of 21 is not just an essential tool for preventing gun violence, it is also entirely constitutional.”

It remains to be seen whether the Biden Administration will challenge the ruling.

This article is republished from The Republican Standard with permission.

Opponents of Northern Virginia Prosecutors Pick Up Support

by Dick Hall-Sizemore

Steve Descano. Commonwralth’s Attorney, Fairfax. Photo credit: WTOP

The primary opponents of two of Northern Virginia’s “progressive” incumbent  commonwealth’s attorneys picked up a key endorsement a few days ago. I would have thought that contributors and commenters on this blog who have been vocal critics of those incumbents would have been rejoicing and highlighting those endorsements.

Perhaps it is the source of the endorsements that has made them hesitant. The source: the much- reviled Washington Post.

The paper’s editorial board has endorsed Ed Nuttall, who is challenging Steve Descano in Fairfax County, and Elizabeth Lancaster over incumbent Buta Biberaj in Loudoun County. The Post did not base its endorsements on a rejection of the overall objectives or philosophy of the incumbents, but says it is “supporting the candidates we believe will act most effectively” in balancing “safety and fairness.” Continue reading

Let The People In

Dr. Judith Brooks-Buck, Suffolk City School Board

by Dick Hall-Sizemore

The Virginia Supreme Court has again ruled against a local government for violating the Freedom of Information Act (FOIA).

The case arose as a result of Deborah Wahlstrom deciding to attend a day-long retreat of the Suffolk City School Board focused on board training and strategic planning. The meeting was publicly advertised and was to be held in a city school. At some point after she arrived and took a seat in the room in which the meeting was to be held, she was told that members of the public could not be in the room and could only view a video feed of the meeting from another room. She remained in her seat. Board Chair Judith Brooks-Buck then approached her and told her that she couldn’t be there because “this is a closed meeting.” Subsequently, she and the Superintendent of Schools John Gordon told her to exit the room and return to the lobby. She refused, citing her legal right to be present in the room.

As the discussion continued and got a little more heated, the superintendent threatened to call the police. Wahlstrom remained in the room. The police were called and the superintendent explained to the police that Wahlstrom was “an enemy of the school division.” The police officer escorted Wahlstrom out of the building and told her she had to leave the property entirely. She was not even allowed to view the meeting virtually. Continue reading

Virginia Democrats in the House of Representatives Vote Against Their Own Daughters

USA Women’s National Team 2019

by James C. Sherlock

Abigail Spanberger, (D) Va. – Voted against protections for girls and women in sports

Every Virginia Democratic member of the U.S. House of Representatives voted against a bill to amend Title IX to prohibit biological boys and men from competing against biological girls and women in K-12 and college sports.

Voting nay: Donald Beyer, Gerald Connolly, Jennifer McClellan, Bobby Scott, Abigail Spanberger and Jennifer Wexton.

H.R. 734 Protection of Women and Girls in Sports Act of 2023 amends Title IX (“on the basis of sex”) by stating that the term “sex” in athletics shall be recognized based solely on a person’s reproductive biology and genetics at birth.

Jennifer McClellan (D) Va. – Voted against protections for girls and women in sports

The consequences of a no vote. H.R. 734 protects the dreams and hard work of girls who wish to play college sports.

The ones who got up early and stayed late training for their sport. The ones whose parents ferried them to practice and games on weekends.

It protects girls and young women in contact sports such as soccer and field hockey from inevitable injury from bigger, stronger, faster men.

Indeed, it protects their ability to participate.

It prevents the biological male who never won a medal from deciding — no hormones or surgery required — he is female to mount the platform and be awarded the gold. To break records set by girls and women.

To get rich with the new NIL rule in college sports and richer yet in women’s professional sports.

Everyone who thinks that won’t happen, raise your hand. Continue reading

Fourth Circuit Gives Standing to Parents Suing Loudoun County Schools over First Amendment Violations

Ian Serotkin
LCPS School Board Chair, Defendant

by James C. Sherlock

In a win for freedom of speech, the United States Court of Appeals for the Fourth Circuit in Richmond overturned a finding by a federal district judge that Loudoun parents did not have standing to sue the School Board for infringement of First Amendment rights.

The parents alleged a bias reporting system instituted by Loudoun County Public Schools “chilled their children from exercising their free speech rights.”

The ruling:

… the parents plausibly allege that implementing the new reporting system chilled their children’s speech to support their First Amendment claims. So, we vacate the district court’s order dismissing those claims and remand for those claims to be considered on the merits.

I suspect the new trial and appeals will find even the current, revised LCPS policy on reporting to be intended to chill protected speech. Continue reading

VMI Disguises DEI Contract

By Jake Spivey

In late fall 2021, Virginia Military Institute’s Board of Visitors and its newly installed superintendent were still reeling from the state investigator’s specious report condemning the Institute’s cultural climate. Resolving to quiet a mostly nameless and unidentifiable assortment of individuals criticizing VMI, the Board submitted through the state’s contracting website a request for proposals (RFP), for diversity, equity, and inclusion (DEI) consultation and training services. The solicitation sought companies that could help VMI “intentionally strengthen its commitment and work around DEI to aid the Institute in achieving Inclusive Excellence Plan goals and objectives.” The to-be-hired firm would provide VMI’s leadership a way to “institute DEI activities” for VMI’s leadership, faculty, full-time staff, and the 1,600 member Corps of Cadets. The RFP outlined requirements and described services that, no doubt in the minds of VMI’s leadership, would correct deficiencies neither the Commonwealth nor the investigative team had factually identified or documented in the June 1, 2021 report.

Unfortunately, in its zeal to implement a contract for DEI consultation and training, VMI attempted to circumvent the Commonwealth’s procurement laws. A competing contractor, the Center for Applied Innovation, LLC (CAI), recognized a variety of inconsistencies regarding access to records as part of the proposal process. As alleged in court documents, VMI improperly awarded a “Notice of Intent” to award a contract to NewPoint Strategies, LLC (NewPoint). On March 18, 2022, CAI filed a formal protest in Rockbridge County Circuit Court alleging VMI had violated the state’s Virginia Public Procurement Act (VPPA). VMI denied it acted improperly, delivering a denial letter to the Court on March 28, 2022. It asked the Court to dismiss CAI’s lawsuit, claiming VMI was exempt from the state’s procurement laws. On July 14, 2022, Judge Christopher Russell listened to oral arguments from CAI’s attorneys and lawyers from the Office of the Attorney General, Christopher Bernhardt and Patrick O’Leary, who represented VMI. On August 3, 2022, in a surprise ruling, Judge Russell agreed with CAI and declined to dismiss the lawsuit. VMI appealed this decision, requesting the Court reconsider its original ruling. The Court did so, reversing its opinion. This action emboldened VMI to surreptitiously continue pursuit of a DEI-services contract with NewPoint.
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Assault and Battery in Schools – Virginia Law and School Division Policies Make “Marks” of Principals

by James C. Sherlock

This is addressed directly to Virginia public school principals.

You are compliant with current Virginia law whether you report assault and battery to police or do not.

Bad law makes for bad policy.

Depending upon your school division, your requirements may vary. A lot.

In gambling, and this issue is a big gamble for you, if you don’t know who the mark is, it is you.

The current law on reporting of assault and battery to police reflects a poorly conceived and poorly written attempt by Virginia Democrats in 2020 to break what they called the “school-to-prison pipeline.” They made reporting to police conditional upon on-scene medical and legal findings – by you.

The Board of Education has done nothing to improve the matter. School divisions are all over the spectrum on what to do about reporting. You cannot carry out either the law or many of the school division policies without personal jeopardy. Continue reading

Incarceration Should Not Mean Humiliation

by Kerry Dougherty

Hang onto your wallets, Portsmouth. A lawsuit filed Friday in Circuit Court is seeking $1 million in damages due to alleged misconduct by a sheriff’s deputy. Oh, and another $350,000 in punitive damages.

The conduct – if it happened – was atrocious.

According to court papers filed by a former inmate, Danaesha Martin, a sheriff’s deputy on May 2, 2022 forced her to disrobe to prove she was actually having her menstrual period when she requested sanitary products.

If true, this is sick. Sadistic, too.

No matter the crime, incarceration should not be accompanied by humiliation. Treating inmates like animals should not be part of the criminal justice system. Jailers are supposed to behave better than the people behind bars. Continue reading

Changes to the Virginia Law Requiring Schools to Report Incidents to the Police Makes them Far More Dangerous

I wrote originally about the 2020 changes to the school incidents reporting law.

I have removed the content of this column in order to reconcile issues with the current reporting law, including 2022 changes, with the Department of Education.

I will repost it when those issues are resolved.

Gun Owner Whose Son Shot His Teacher Will Get Her Day In Court

by Kerry Dougherty

Four words came to mind when news broke yesterday that a Newport News grand jury had indicted the mother of a 6-year-old school shooter: what took so long?

It’s been 13 weeks since a FIRST GRADER brought a handgun to school in his backpack and used it to shoot his teacher in front of his classmates.

It’s been 94 days since the 6-year-old sociopath got his hands on his mother’s gun and took it to school.

During the ensuing three months, prosecutors repeatedly said they weren’t sure the owner of the gun would be charged for the near-murder.

That effectively meant no one would be held criminally responsible for the shooting. It’s widely accepted that a 6-year-old cannot be charged with a crime.

Finally, on April 10, a grand jury indicted the gun owner — the mother of the shooter — and charged her with felony child neglect and a misdemeanor count of recklessly storing a firearm so a child could gain access to it.
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“Repressive Tolerance” and the Constitutions of the United States and of Virginia

Courtesy of the American Bar Association

by James C. Sherlock

In the United States, the first references for judges and attorneys are the federal and state constitutions.

The Constitution of the United States, in its First Amendment, requires that:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press.

The Constitution of Virginia goes much further:

That the freedoms of speech and of the press are among the great bulwarks of liberty, and can never be restrained except by despotic governments; that any citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; that the General Assembly shall not pass any law abridging the freedom of speech or of the press, nor the right of the people peaceably to assemble, and to petition the government for the redress of grievances.

In service to those constitutions, the Foundation for Individual Rights and Expression (FIRE) may be the most vital non-profit in America.

It defends free speech, academic freedom, due process and freedom of the press for conservatives and progressives alike, picking up the banner cast away a decade or more ago by the American Civil Liberties Union.

Yesterday came a comment here on BR that has since been edited away.

I do not, however, believe in consequence-free speech (as many on the Right clearly do). If you are going be be [sic] provocative in your speech, you might expect reaction from your audience after a time.”

The author is at least observant.

Provocative political speech — with virtually every subject now being considered political — regularly provokes reactions, often repressive and sometimes violent, in the public square.

I disagree with his opinion on expectations, however.

The public square is not a back alley. It is where repressive and violent reactions to speech should be least-expected and never tolerated.

If they are tolerated, we have no society, no democracy, no ordered community of any kind. Continue reading

All Rise for the Judge

Bernard Goodwyn, Chief Justice, Virginia Supreme Court. Photo credit: Richmond Times-Dispatch

By Dick Hall-Sizemore

The Commonwealth is unique in the nation in how it selects its judges.

States use a wide variety of methods to select judges. Furthermore, many states use different methods to select judges at different levels. The National Center for State Courts, located in Williamsburg, by the way, has created a nice report showing how judges are selected in each state.

Virginia is simple and consistent: all judges are selected by the legislature. It is the only state in which the legislature selects judges.

For the sake of simplicity, I am limiting this discussion to state supreme courts. In many states, the judges of the highest court are elected. Some elections are partisan; others are nonpartisan. The other method commonly used is appointment by the governor from a list recommended by a judicial nomination commission with approval of the legislature required in some states. Judges so appointed usually have to run for retention when their terms are up. Continue reading

Buta Biberaj and the Political Weaponization of the Loudoun Commonwealth’s Attorney Office – Against Other Democrats and the Press

Loudoun Commonwealth’s Attorney Buta Biberaj courtesy

by James C. Sherlock

Loudoun County Commonwealth’s Attorney Buta Biberaj (D) has used the Freedom of Information Act (FOIA), the tool that opens up government to citizens, in an attempt to destroy political opponents and intimidate the press.

Ms. Biberaj has admitted to investigating her political rivals using FOIA requests to view correspondences between county officials and local reporters.

George Soros-funded Ms. Biberaj, with subpoena power through her grand juries, has not even alleged a crime.

The requests have come not from her re-election campaign, but her government office.

She was looking for “leaks.” From Democrats. To reporters. For which she is properly under attack. By Democrats. And reporters.

Ms. Biberaj is beyond question guilty of an ethical breach.

But by doing what she admits to having done she may have committed a Class 4 felony. Continue reading

Why Shouldn’t Virginia’s Felons Have To Ask Their Voting Rights Restored?

by Kerry Dougherty

Lemme make sure I understand this: Virginia’s ACLU, that left-wing organization that sat on its derriere during Gov. Ralph Northam’s unconstitutional closure of churches and businesses, is suddenly active again.

Its lawyers want Virginia’s convicted felons to automatically get their voting rights back, even if they haven’t made restitution to their victims or paid their court costs. No matter how heinous their crimes or how repentant or unrepentant they are.

The priorities of this group are fully on display: they’re more worried about rapists and child molesters and carjackers being able to vote than they ever were about people of faith who simply wanted to attend worship services, or ordinary decent Virginians who simply wanted to earn a living during Covid.

Some of us waited in vain for those who claim to hold the U.S. Constitution dear to stand up to the dictatorial Gov. Northam, but the civil liberties crowd sat those battles out.

Yet now that a Republican governor is doing what the Virginia Supreme Court has ordered — that is, to review every felon’s request for a restoration of rights individually — they’re back in action.

The great defenders of civil liberties. For criminals, anyway.
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Arlington CPS Seizes Baby Girl Over Tylenol

by Asra Q. Nomani and Debra Tisler

Late Wednesday afternoon, in Courtroom 4B of Arlington County’s Juvenile and Domestic Relations Court, Sean Jackson beamed widely as a judge granted him and his parents, Carlos Makle and Kim Jackson-Makle, joint custody of Sean’s baby girl, Amoria, instead of relegating her to foster care or instability with a mother struggling with drug addiction.

Kim later said, “Hallelujah,” thinking the nightmare they had been living for over a year with the County’s inept Division of Child Protective Services was finally over. But it was just about to begin all over again. Arlington County’s Child Protective Services was about to dispatch a social worker to an apartment in Arlington to seize Amoria’s second cousin, London, also a cute baby girl, from her mother, Paris Adams.

Why?

Over an alleged missed dosage of Tylenol Wednesday morning that the baby wasn’t even required to get, per doctor’s orders, but was rather prescribed “as needed.” With so much written in the news about public policy, legislation and politics, this story is disturbing because of the sheer inhumanity of bureaucrats operating with complete disregard for actual child welfare or a mother’s heartache.

First, a rewind.
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