After the November elections left the Virginia Senate split 20-20 between Democrats and Republicans, the commonsense observer would believe that control of the Senate would be shared. It only seemed logical that folks would follow the will of the voters like they did after the 1995 elections left the chamber split. Unlike then Democratic Lt. Governor Don Beyer, however, Republican Lt. Governor Bill Bolling has insisted that he actually has the power to vote on the chamber’s organization – a move that would give Republicans control despite the even split.
Sen. Don McEachin (D-Henrico County) realized this is extremely unfair and goes against the will of the voters, so he filed a lawsuit that would block Bolling from casting a vote in organizational matters. In a five page opinion issued earlier today, however, Judge Beverly Snukals denied the request on the basis that the injunction would be premature because McEachin depended on “speculative” arguments. We don’t actually know, after all, that the vote for organizational matters will actually fall on party lines – despite the fact that it most likely will.
At first, the decision looks like a huge setback for the senate Democrats, but Senator McEachin realized a statement earlier today where he points out that this was “purely a procedural decision” and that “the opinion was not a decision on the merits” of the case.
As a result, the Democrats aren’t going to give up on the issue and are currently looking into what options they have left. “The Senate Democratic caucus will continue to explore all its options, both legal and procedural, to resolve this issue in a way that reflects the actual outcome on election day, not an arrogant partisan power grab, totally to the benefit of one Party that does not reflect a majority of the Senate," Senator McEachin concluded.
You can see McEachin’s statement and the full ruling below “the fold.”
McEachin's statement: "While I respectfully disagree with the outcome, it was purely a procedural decision. The judge determined that the matter was not ripe for a final determination on the merits. The opinion was not a decision on the merits of whether the Lieutenant Governor can vote on Senate organization.
"I call on the Republicans to respect the will of the voters and past history. The senate is evenly divided, 20-20 so committees and responsibilities and power should be divided to reflect that even split, just as the Republicans said in 1996. Even then Governor Allen spoke to the need for parity under these same circumstances.
"The Senate Democratic caucus will continue to explore all its options, both legal and procedural, to resolve this issue in a way that reflects the actual outcome on election day, not an arrogant partisan power grab, totally to the benefit of one Party that does not reflect a majority of the Senate," Senator McEachin concluded.
Order Denying Injunction
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