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WHEREAS, the plaintiffs in Bostic v. Rainey (Bostic), now pending in the United States Court of Appeals for the Fourth Circuit, attack the constitutionality of Article I, Section 15-A of the Constitution of Virginia; and
WHEREAS, engagement of special counsel in Bostic is necessary because Mark R. Herring, the Attorney General of Virginia, without legal authority and without precedent, not only ceased defending the validity of Article I, Section 15-A but joined the plaintiffs in convincing the trial judge to hold that Article I, Section 15-A was unconstitutional; and
WHEREAS, engagement of special counsel in Bostic is also necessary because the Governor of Virginia, violating his constitutional obligation under Article V, § 7 of the Constitution of Virginia to ensure that the laws of the Commonwealth be faithfully executed, has refused to exercise the authority granted to him by § 2.2-510 of the Code of Virginia to employ special counsel to defend the constitutionality of Article I, Section 15-A of the Constitution of Virginia; and
WHEREAS, the case of INS v. Chada, 462 U.S. 919 (1983), involved a situation analogous to that involved in Bostic in which the United States House of Representatives and Senate successfully intervened, and the United States Supreme Court stated that Congress is the proper party to defend the validity of a statute when an agency of government, as a defendant charged with enforcing the statute, agrees with plaintiffs that the statute is inapplicable or unconstitutional; now, therefore, be it
RESOLVED by the House of Delegates, the Senate concurring, That the Speaker of the House of Delegates engage special legal counsel to move the court in which Bostic v. Raineyis pending to permit the General Assembly to intervene and defend vigorously the constitutionality of Article I, Section 15-A in such court and in all other proceedings in any other court.
(The Governor and the Attorney General both took oaths of office and in that oath, swore to uphold the Constitution of Virginia. Neither one of them is willing to do so and if they are not willing to do so here, what other areas are they going to destroy? What laws are they willing to break to get their way? Why are Virginians allowing this? In a democratic republic, the people decide. That decision was already made by the people. Now these two clowns are doing everything they can to destroy the state Constitution. They both need to be thrown out of office once and for all. They are no friends to "WE THE PEOPLE", but instead they are political terrorists!)