Category Archives: Virginia Law

Bureaucrats Are Not Running Amok

by Dick Hall-Sizemore

In a couple of recent posts, much has been made of Governor-elect Youngkin’s comments about reviewing regulations. After thinking about this promise and remembering similar promises by former governors, I decided to undertake one of my favorite exercises: poking around in the Code of Virginia a little bit. I found two items directly relevant to this discussion: one I was vaguely aware of and one I was not aware of.

First, the one that I was unaware of. This promise of Youngkin is no big deal because he will merely be following the law. Sec. 2.2-4017 requires:

Each Governor shall mandate through executive order a procedure for periodic review during that Governor’s administration of regulations of agencies within the executive branch of state government. The procedure shall include (i) a review by the Attorney General to ensure statutory authority for regulations and (ii) a determination by the Governor whether the regulations are (a) necessary for the protection of public health, safety and welfare and (b) clearly written and easily understandable.

I was vaguely aware of the General Assembly having some power to review new regulations. Indeed Sec. 2.2-4014 authorizes a standing committee of either house of the General Assembly to file an objection to any regulation proposed in its field of jurisdiction. Furthermore, the statute goes on to establish a procedure whereby the General Assembly may suspend the effective date of a final regulation and, subsequently, nullify all or a portion of the regulation. Continue reading

BBB Demise Is Also Labor-Rules Reprieve

Washington Post photo of a cake delivered to Virginia Senator Mark Warner in May, encouraging support for the pending PRO Act. Elements of the PRO Act are also included in the BBB omnibus.

by F. Vincent Vernuccio

Yesterday, Senator Joe Manchin, D-WV, gave an early Christmas present to Senators Mark Warner, D-VA, and Tim Kaine, D-VA, by declaring he would not support the $2.2 trillion Build Back Better Act (BBB).

Virginia small businesses, job creators, and workers were wary of what the U.S. House passed in BBB, specifically some provisions mirroring parts of another disastrous piece of legislation called the Protecting the Right to Organize Act.

However, it was not just those who would be affected who need to worry. Virginia politicians may have also had worries of the electoral consequences of voting for these bills.

If you are a small mom and pop business with only a few employees but no labor attorney on retainer, you better get one if the Senate votes for the PRO Act or if the Biden Administration continues to push the provisions in future “must pass” legislation. Continue reading

McAuliffe Lets the Cat out of the Bag

by James C. Sherlock

Current Virginia law and Terry McAuliffe cannot coexist.

“A parent has a fundamental right to make decisions concerning the upbringing, education, and care of the parent’s child.”

Code of Virginia § 1-240.1. Rights of parents.

“I don’t think parents should be telling schools what they should teach.”

Terry McAuliffe, Sept 28, 2021

Let’s walk that forward. Progressives all over Virginia and the nation were horrified. They consider McAuliffe’s words to be dogma. But they wish he hadn’t exposed it so publicly. 

During an election bid.

So, now that the cat’s out of the bag, let’s experiment with changes to  § 1-240.1. Rights of parents and see what it takes to make it comport with progressive thinking. Continue reading

Convicted, But Innocent–Emerson Stevens

Emerson Stevens with his attorneys, Jennifer Givens and Deidre Enright.   Photo credit: Alec Sieber/ UVa School of Law

by Dick Hall-Sizemore

In August, Governor Northam granted a full pardon to Emerson Stevens. Stevens had been convicted of killing a young mother of two in 1985 in a small fishing village on the Northern Neck. The pardon was based on evidence that “reflects Mr. Stevens’ innocence.”

Stevens maintained from the beginning that he was innocent. His first trial ended in a hung jury. The second jury found him guilty and sentenced him to 164 years in prison.

He was paroled in 2017 after being held in jail and prison for more than 30 years for a crime he did not commit. Although free on parole, he continued to fight to clear his name. Continue reading

Coming to Virginia – a New State of Emergency?

Why is this man smiling?

by James C. Sherlock

The Governor’s 15-month emergency powers expired June 30, and, God, does he miss them.

From The Virginian-Pilot:

“School districts that aren’t requiring masks, including several in Hampton Roads, are running afoul of state law, Gov. Ralph Northam said Thursday.”

OK.

The bigger questions are

  • how long the governor will put up with the lack of emergency powers;
  • when he will start to follow Virginia’s Pandemic Emergency Annex to its Emergency Operations Plan; and
  • is the General Assembly even interested?

Continue reading

Where Is a Parents’ Bill of Rights for Virginia?

by James C. Sherlock

Sometimes, the simplest and certainly one of the best ways for a public official to serve the public is to inform them about things they care about.

The Attorney General of Indiana, perhaps the best governed state in America, has just published a roadmap for parents and caregivers to “exercise their legal right to have a voice in their children’s education.”

It is called the Parents Bill of Rights and is exactly the kind of initiative attorneys general should take to inform citizens of their rights on issues of public importance.

Good luck seeing such an assessment from Virginia’s AG. Continue reading