Anti-Gay VA Attorney General Withdraws Name from Consideration to State Supreme Court

A day after being certified by the Virginia Senate Committee on Courts of Justice, former Virginia Attorney General Ken Cuccinelli withdrew his name from consideration for a vacancy on the Virginia Supreme Court.

Cuccinelli's nomination was preliminarily approved by the committee on Tuesday, sparking a backlash from liberal interest groups and the LGBT community, who objected to such a partisan figure being named to the seven-member court. Cuccinelli, who was the GOP's candidate for governor in 2013, is probably best known for his extreme right-wing views on social issues and a litany of anti-gay comments and actions during his time as a legislator and as Attorney General.

Sen. Ryan McDougle (R-Mechanicsburg) told The Virginian-Pilot that Cuccinelli was "very interested in the position but ultimately decided, along with his family, that he did not wish to be considered for the vacancy. In a statement emailed to the media, Cuccinelli said: "As attractive an opportunity to serve the Commonwealth on the Court would be, it simply is not the right time for our family."

Soon after Cuccinelli had been certified, Sen. Adam Ebbin (D-Alexandria) started an online petition calling upon senators to reject Cuccinelli for the Supreme Court vacancy. That petition garnered more than 1,100 signatures.

"Former Attorney General Ken Cuccinelli's record puts him far outside the views of mainstream Virginians-Republicans and Democrats alike," the petition reads. "Defending sodomy laws, opposing nondiscrimination protections, and engaging in a witch-hunt against a university professor because of his views on climate change is not the kind of behavior Virginians should permit from a potential Justice."

Instead of Cuccinelli, Senate Republicans are expected to nominate and vote on Court of Appeal Judge Stephen McCullough. Party leaders say that McCullough enjoys support from both the full House and Senate Republican caucuses.

Cuccinelli was initially raised as a potential high court nominee after the Senate rejected the nomination of Appeals Court Judge Rossie Alston. The body deadlocked 20-20 on Alston's nomination, which was only brought forward as an alternative to Jane Marum Roush, who had been temporarily appointed by Gov. Terry McAuliffe (D). In a purely partisan effort to deny McAuliffe a victory in shaping the makeup of the state's highest court, Republicans refused to consider Roush for the vacancy. Under Virginia law, the House and Senate vote to confirm all judges to full terms, but the governor can make interim appointments.
Virginia Attorney General says his anti-gay policy only should have been timed better, said nicer

In response to Cuccinelli's decision to withdraw his name, Ebbin, the Senate's only openly gay member, called the move a "huge victory for women, the LGBT community, and everyone who recognizes the urgency of addressing climate change."

"I will continue to fight for a jurist who is not only in line with the views of mainstream Virginians, but also someone who is truly well-qualified and whose appointment won't politicize our state's highest court," Ebbin said in a statement. "Justice Jane Roush is that candidate, and Democrats will continue standing united to get Justice Roush her seat back on the court and serve a full term."