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A Richmond Circuit Court judge threw out a lawsuit from Virginia Democrats who are trying to force Republicans to share control of the state Senate when the new legislature convenes in January.
In a decision released Friday, Judge Beverly Snukals said the court “cannot intervene in the normal operating procedures of the Senate and enjoin one of the highest officials in the commonwealth from performing his constitutional duties.”
Democrats sued Lt. Gov. Bill Bolling earlier this month after Republicans claimed they would rule the Senate as though they have a majority even though November elections gave each party 20 seats. Bolling, a Republican, has the power to break ties and he is insisting that includes votes on organizational matters, like assigning committee chairmen.
In the lawsuit, Sen. Don McEachin, D-Henrico, asked the court for an injunction to keep Republicans from organizing the Senate.
Snukals said the Democrats’ case would likely fail because the legislature hasn’t even met yet and “power of an injunction or a declaratory judgment action cannot be used to force parties in disagreement to negotiate a compromise.”
“The Senate Democratic caucus will continue to explore all its options, both legal and procedural,” McEachin said. In the meantime, he asked Republicans to split responsibilities and committee assignments.
That’s unlikely.
“Hopefully, Democrats will accept the judgement [sic] of Virginia’s voters — and now the courts — with a measure of grace,” Republican Party of Virginia Chairman Pat Mullins said in a statement.
Bolling hasn’t publicly commented on whether he believes his ability to break ties extends to issues where the state constitution calls for the majority of elected members of the Senate to vote, like the budget.
