Va. Supreme Court strikes down McAuliffe’s felon voting rights restoration in 4-3 decision

[SickOfTheOnePct]

RICHMOND, Va. – The Virginia Supreme Court on Friday struck down Governor McAuliffe’s executive order to restore the voting rights of more than 206,000 convicted felons.

Charles Cooper, who represented the four GOP lawmakers who brought the suit, argued McAuliffe had overstepped his constitutional authority. Cooper said the language of the Virginia Constitution prevents the Governor from making an “en masse” restoration order.

The court was sharply divided, with 4-3 in favor of ruling it unconstitutional.

Chief Justice Donald Lemons issued the opinion, which said that McAuliffe’s order essentially reframed a section of the state constitution.

http://wtvr.com/2016/07/22/va-supreme-court-rules-gov-mcauliffes-restoration-of-felon-voting-rights-unconstitutional/

[scscholar]

1. This is sad

You should get all rights back except for those gun things.

[L. Coyote]

2. We need a national law protecting everyone's voting rights. Or a better legal case to

throw out felon disenfranchisement on Constitutional grounds. The state assumes all convictions are valid. That is wrong and denies representation.

[loyalsister]

6. A starting point would be a Constitutionally enumerated affirmative right to vote

nt

[Press Virginia]

10. Those rights are stripped upon a felony conviction

they can be reinstated via a petition to the governor.

[loyalsister]

11. Is there an affirmative right to vote in the VA constitution?

There is in MO and people can vote after they have completed their sentence. If it were a part of the US constitution, it is my understanding that would make it more difficult for states to take it away.

[Press Virginia]

12. There's an affirmative right to own guns and felons don't get those rights back

Because, as a felon, you lose that enumerated right.

There would need to be a change in the constitution that restores rights to felons....including gun rights to the non violent felons

[Qutzupalotl]

3. He needs to go through the legislature.

Okay. But it needs to be done.

[bigwillq]

4. Terrible.

[Calculating]

5. What a joke

If you've served your time you should get your rights back. If they're not trustable enough to vote, I don't want them out of prison anyway.

[Press Virginia]

9. There would need to be a ballot initiative to change

the constitution

[Hassin Bin Sober]

7. Why not do it on a case by case basis?

What is case by case anyway?

Im sure a computer program can spit out the names. And the Governor can sprain his wrist playing tennis so his auto signature can be used.

[Press Virginia]

8. He has to present the particulars of each case

to the legislature.
He waited until the legislature adjourned for the term and then issued his proclamation.

[Hassin Bin Sober]

13. He's now saying he will sign all 220k individually if need be. Or at least the 13k who registered

Does he need to present to the legislature for pardons or clemency?

Is this a pardon/clemency issue or some other law? I would think he doesn't need the legislature. He, obviously, just can't do it en masse.

[Press Virginia]

14. He needs to present them to the legislature individually

[Hassin Bin Sober]

15. For what? Approval? Or just submit them?

I've been trying to look up the law.

The local ACLU says they hope he follows through individually. At least on the 13k.

Not sure what the legislature can do or what level of involvement is required????

[Press Virginia]

17. From the va constitution

Section 12. Executive clemency
The Governor shall have power to remit fines and penalties under such rules and regulations as may be prescribed by law; to grant reprieves and pardons after conviction except when the prosecution has been carried on by the House of Delegates; to remove political disabilities consequent upon conviction for offenses committed prior or subsequent to the adoption of this Constitution; and to commute capital punishment.

He shall communicate to the General Assembly, at each regular session, particulars of every case of fine or penalty remitted, of reprieve or pardon granted, and of punishment commuted, with his reasons for remitting, granting, or commuting the same.

[Hassin Bin Sober]

19. So he just has to "communicate" the "particulars"

He doesn't need their approval.

[Press Virginia]

20. No. But he is required to provide reasons and particulars

neither of which he did. He also didn't present them during the regular session as required

[Hassin Bin Sober]

22. It's pretty black and white.

Not sure how he thought the other way would fly.

But his authority is still there. It will just mean more ink and paper.

I guess he thought he was doing a Jimmy Carter with a blanket pardon. But the US Constitution doesn't require reports presented.

[Nevernose]

16. I don't think that's accurate

He has the power to issue clemency, without the VA legislature. The ruling was that he had to grant clemency individually, by name, and not en masse.

He really could theoretically sit down and sign 206000 letters of clemency.

[Hassin Bin Sober]

18. That's what I've gotten out of the local ACLU statement.

They say at the very least he should sign for the 13kish who registered to vote.

[Press Virginia]

21. Not according to the constitution

Section 12. Executive clemency
The Governor shall have power to remit fines and penalties under such rules and regulations as may be prescribed by law; to grant reprieves and pardons after conviction except when the prosecution has been carried on by the House of Delegates; to remove political disabilities consequent upon conviction for offenses committed prior or subsequent to the adoption of this Constitution; and to commute capital punishment.

He shall communicate to the General Assembly, at each regular session, particulars of every case of fine or penalty remitted, of reprieve or pardon granted, and of punishment commuted, with his reasons for remitting, granting, or commuting the same.

[Nevernose]

23. But informing them wasn't the issue decided

It's just that he has to do them all individually. The legislature's not involved in any meaningful way, but thanks for the info. I guess it's in there to keep governors accountable.

McAuliffe btw, already said he'd sign all 206000 of them.

[Press Virginia]

24. He has to do it during regular sessions. He waited

until the legislature adjourned and then issued a blanket proclamation.

It has to be individual, with the particulars of the case with the reasons for the action
AND
Must be presented during regular sessions

[L. Coyote]

25. I don't think so, he just needs to send them something that complyies with the law.

For each individual. It is a lot of work, but computers can handle inserting names from a database, printers can even handle the signature, ... done.

[Press Virginia]

26. It's the plain text of the VA constitution

It requires the specifics of each case and the reason for granting relief

[L. Coyote]

27. Same reason for each, to restore voting rights.

[Press Virginia]

28. That's the act of relief not the reason for granting it

[L. Coyote]

29. So, grant it for that reason.

[Press Virginia]

30. The reason for the relief can't be the relief itself.

you don't make a left turn because you made a left turn.

[Hassin Bin Sober]

32. How about "they served their time" . Done.

[Press Virginia]

33. Some of them were found to be serving life sentences in other states

or awaiting sentencing on new felonies. One was found to be legally insane

Things that might have come to the governors attention had he done things the right way the first time

[Hassin Bin Sober]

34. Honestly. Big fucking deal.

Ooooh a crazy person might vote (see: trump voters).

Someone awaiting sentencing. So I guess they lose their voting rights again. And the people awaiting sentencing in other states shouldn't be voting in-state anyway - who do they think they are? Ann Coulter?

The media and the repigs are going to make a big deal out of any unintended extra voter. Big deal. There are still over 200,000 people that served their time and should be allowed to vote.

This is and was a rascist policy meant to disenfranchise minorities. It needs to end.

[Press Virginia]

36. How many of those 200,000 are currently serving a prison sentence out of that

in a county jail awaiting sentencing on a felony conviction?
They guy is legally insane, in a state mental hospital.

Restoration of rights, in Virginia, is for those who deserve it not just because they've served their sentence but because they've actually worked to become productive, law abiding citizens of the state and earned the rights that they lost because of their conviction. That's why it's a case by case basis.

Should they also get their gun rights back upon serving their sentence? Surely stripping blacks of their right to self defense is just as racist as taking their right to vote.

[Hassin Bin Sober]

39. It's a rascist bigoted policy meant to disenfranchise minorities.

The fact the repigs are defending it should tell you all you need to know.

Like I said, I couldn't give a dusty fuck about a handful of people who "aren't supposed to vote" voting. Not when it means 200,000 other people who paid their debt to society get to vote.

The idea people need to spend time and money to restore voting rights is redicoulous and only meant to keep a thumb on the election scales. We saw how the repigs in Florida 2000 leveraged this rascist policy to put their thumb on the scale to disenfranchise minorities.

For every worse case scenario the repigs come up with, there are likely literally thousands of otherwise worthy people that will be allowed to vote.

What's the worse case here? Someone casts a ballot? Give me a break.

[Press Virginia]

40. There is a means to change the VA constitution, executive decree isn't it

illegal votes disenfranchise the legal voters.

Tim Kaine rejected doing this in 2010 because the governor didn't have the authority under the constitution. The court has affirmed his belief as the correct one. Was he a racist or merely literate?

[Hassin Bin Sober]

41. He had better lawyers. Lol.

Yeah, the State Constitution grants the Governor authority to restore voting rights. It looks like that is what he is going to do.

Just goes to show electing Democrats makes a difference. Elect repigs and get southern strategy disenfranchising Jim Crow rascist bull shit.

[Press Virginia]

42. i think you should learn about Jim Crow and which party controlled the South at the time

The constitution does not allow the governor to issue blanket clemency. It didn't in 2010 when Tim Kaine was governor and looked into doing it and, as we've learned, it still doesn't.

On a case by case basis, absolutely

[Hassin Bin Sober]

43. Lol. Yeah, I figured as much. This explains a lot.

I very aware of the rascist bigot's migration to the repig party after the 1964 Civil Rights Act.

Pigs couldn't stand the fact black people could vote and attend schools and eat in their restaurants.

[Press Virginia]

44. There's no debate on the Southern Strategy and shift in party

Ideologies but if you're going to invoke Jim Crow, it's best to know which party was actually responsible for it.

The purge of the party after 64 was much needed but it doesn't erase the sad history of the party prior to that point

[Hassin Bin Sober]

45. The History forum is here:

http://www.democraticunderground.com/?com=forum&id=1166

Repiglickers are currently disenfranchising millions of American minorities TODAY.

I'm more worried about today. Maybe we can invent a time machine and go back to fix the Democratic Party before I was born.

[Press Virginia]

46. SCOTUS already decided this issue in the 70's. The States are not illegally disenfranchising anyone

Last edited Sat Jul 23, 2016, 10:11 PM - Edit history (1)

They have stripped rights as punishment for a crime, through due process. And with equal application of the penalty. All Felons are treated equally under the law

I notice everyone crying about disenfranchisement isn't also looking to have gun rights reinstated. Why is it racist to strip minorities of the right to vote but not racist to also strip them of the enumerated right to own a gun?

Shouldn't we be pushing for the restoration of ALL rights lost as a result of their conviction instead of limiting it to just the one that we need to win elections?

TM exceeded his authority and was rightly reigned in by the courts. I doubt his attempt to work around the decision will fare much better given what the WaPo learned about some of the people whose rights would have been restored are currently residing in prisons, one in a mental hospital and the unknown number awaiting sentencing for felony convictions in and outside the state.

[MH1]

35. Interesting - if someone is found legally insane, do they lose their right to vote

for that reason?

I never thought about it before. But I don't think I've heard of it.

[Press Virginia]

37. He lost the right to vote because of his conviction. He was found not guilty by reason of insanity

in another case.

[MH1]

38. Okay, it sounded different in your previous post.

So in this case, you think he should not be allowed to vote because he only got out of another conviction on an insanity plea. If it was just a matter of him being declared legally insane, but not that he'd committed another crime, the insanity itself wouldn't matter, right?

I'm just wondering how it works if someone is declared insane but not convicted of a crime.

[napi21]

31. just heard on Norman Goldman's show that Terry said "That's fine. If you're

going to rule that way, then I'll just do them one at a time!"

I don't know if that's possible, but Norm seems to think it is and that's exactly what Terry's going to do.