An Unwise Promise
Kaine shouldn’t make good on his vow to appoint a new justice.
Gov. Tim Kaine is inviting an unnecessary argument with the General Assembly with his vow to appoint a replacement for Virginia Supreme Court Justice Barbara Keenan if she is confirmed to the federal bench before he leaves office.
As reported in the Virginia Politics Blog on The Washington Post Web site, House Majority Leader Morgan Griffith, R-Salem, didn’t take kindly to Kaine’s pledge, noting that it is the General Assembly’s responsibility to appoint judges.
Kaine does have the authority to make appointments when the General Assembly is out of session, but since a new session will begin in January, there’s no good reason for Kaine to act.
If he does, Griffith promises to replace whoever Kaine appoints when the General Assembly convenes.
“He’s just doing it to be political,” Griffith said. “We’ll treat them as a political appointee. … It’s our right not to confirm.”
Even making the promise was unwise, especially since it’s one he’s unlikely to have a chance to fulfill. Keenan won the backing of the Senate Judiciary Committee in late October, but there’s little reason to believe her nomination will be voted on by the full Senate before Kaine leaves office.
Another 4th Circuit nominee, after all, has been waiting for a floor vote since June.
Kaine shouldn’t waste his time, the time of the General Assembly or the time of whomever he might appoint.
Even in the unlikely event he is given the opportunity, this is one promise that Kaine should not keep.
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