The total upset in the Virginia races for Governor, Lt. Governor and Attorney General last November 5th, is wreaking havoc on the rule of law here. All three seats, formerly held by the GOP, were won by Democrats; we now have a 'house divided' similar to D.C. and frankly, it is mind boggling when you have to deal with it this close up. Our House of Delegates holds a majority GOP but our Senate is split 50/50 with the tie breaking vote to be cast by the Democratic Lt. Governor. That should tell you something about how this is going to play out over the next few years. This post, however, is about our Attorney General, Mark Herring.
During Mr. Herring's campaign for Attorney General, he was relatively adept at avoiding too much conversation about the Marriage Amendment to the Virginia Constitution passed in 2006 by 57% of Virginia voters. Then Senator Mark Herring also voted for its passage (twice). Shortly after taking his sworn oath to defend both the U.S. and Virginia Constitutions in January 2014, Mr. Herring decided he was not going to defend the marriage amendment based on the fact he found it to be unconstitutional and discriminatory and he refused to appoint outside counsel to defend the Commonwealth! OK, I guess we could deal with that. This, however, is where Mr. Herring crossed the line and took it one unprecedented step further - he actually joined the plaintiffs in an existing lawsuit against the Commonwealth asking a federal judge to declare the Amendment unconstitutional.
This is Mark Herring
This article is NOT about the marriage amendment. This article is about the Rule of Law and the blatant disregard of an oath and the duty to a client. This article is about an attorney adhering to his Professional Conduct Code required by the Virginia Bar Association and his sworn duty to uphold the laws of the United States and the Commonwealth of Virginia. Understand this - there is NO precedent set that allows an Attorney General to abandon his client (the state and its citizens) to actively join in a lawsuit against them. None. It is absolutely unheard of.