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Election

New Data Confirm The Democratic Presidential Majority Is Here To Stay

Rhodes Cook recently posted an excellent, data-rich take on the new Democratic Presidential majority. His data break down the specific reasons that that the national Democratic advantage is durable and further suggest that the demographic trends behind it it are also having trickle-down effects on other elections in purple states like Virginia and Colorado.

Cook builds his analysis by comparing Obama’s performance in 2012 to Dukakis’ performance in 1988, the last election before the Democrats went on their current run of popular vote victories (five of six elections). Cook remarks:

Democrats have made great strides on the electoral map since 1988. They have established firm bases of support on both coasts, more than held their own in the battleground states of the industrial Midwest, and made inroads into Republican terrain in the South and the Mountain West. But the Democratic vote share has not increased everywhere since 1988, when Michael Dukakis lost the popular vote 53.4% to 45.6% to Republican George H.W. Bush. In a total of 19 states, Dukakis drew a larger share of the vote in 1988 than the victorious Barack Obama did in 2012. These states were predominantly rural in complexion and scattered about the country — in Appalachia, the South and border South, the upper Midwest, the Plains states and the Mountain West.

Cook provides a map that usefully summarizes these disparate trends between 1988 and 2012:

Driving these trends within and across states have been sweeping changes in how urban, suburban and rural residents vote. As Cook puts it:

It is no mystery how the Democrats transformed themselves from an also-ran in presidential politics in the 1970s and 1980s to a dominant force since 1992. In the last two decades, they have expanded their majorities in the nation’s major urban centers and flipped populous suburban counties adjacent to such cities as New York, Philadelphia, Detroit, Chicago, Denver, Los Angeles and Washington, D.C., in their favor. But Democrats have tanked of late in rural America, from the “God and guns country” of western Pennsylvania and the Appalachian states to the small towns of the South and the Plains.

Cook illustrates these trends with a handy table:

Cook concludes his analysis with a look at the stunning transformation of Northern Virginia. In 1988, Dukakis could only carry the liberal bastions of Arlington and Alexandria. But in 2012, Obama carried every major suburban jurisdiction in Northern Virginia, running up a margin of a quarter million votes in the area, more than enough to counterbalance his 80,000 vote loss in the rest of the state. Cook provides a table that documents this transformation:

Cook’s data on Virginia are particularly interesting to contemplate in light of the recent self-inflicted wounds incurred by the state’s GOP. Instead of adapting to an ongoing wave of change, they are hurtling in the opposite direction. The Virginia GOP’s caucus nominated a far right winger, E.W. Jackson, for lieutenant governor. Jackson is so poisonously extreme that his nomination may effectively eliminate the chances of his running mate, the extreme-in-his-own-right Ken Cuccinelli, to win the Virginia governorship. In addition, the state party cannot yet come up with anyone to run against Democrat Mark Warner in next year’s Senate race and may wind up effectively ceding the seat to Warner.

This disarray, as Josh Kraushaar pointed out in a recent National Journal article, is mirrored in Colorado, another fast-changing state contributing to the new Democratic Presidential majority:

The [Colorado] party’s brightest recruit, Rep. Cory Gardner, just opted to pass up a Senate campaign against Mark Udall, leaving the GOP empty-handed. Even more startling is the reemergence of immigration hardliner Tom Tancredo as a legitimate gubernatorial candidate, jumping in the race this month against Gov. John Hickenlooper. (Tancredo won 36 percent of the vote as a third-party candidate in 2010.) If Republicans can’t contest the Senate and governorship in 2014, it would mark eight straight setbacks in presidential, Senate, and gubernatorial contests dating back nearly a decade.

Remarkable. It’s almost like the party’s in shock — and the faster the change, the greater the shock and disorientation. Unless the GOP shakes off its current state, the new Democratic Presidential majority could be with us for quite awhile.

LGBT

Virginia Congressman Feigns LGBT Support To Justify Not Endorsing Extreme Republican Candidate

Rep. Scott Rigell (R-VA)

Rep. Scott Rigell (R-VA)

Rep. Scott Rigell (R-VA) will not publicly endorse his party’s Lieutenant Governor nominee, Bishop E.W. Jackson, due to his extreme anti-gay views — but will still vote for him this November.

Rigell told the Virginian Pilot on Monday that he could not campaign for Jackson because “his views with respect to the gay and lesbian community and homosexuality in general are not my own. I’m going to leave it at that… What he said and, indeed, how he said it. All of it.” But, Rigell said, he plans to vote for Jackson and does support Republican gubernatorial nominee Ken Cuccinelli II — whose anti-LGBT views and rhetoric are almost identical to Jackson’s.

Jackson, who unexpectedly won his party’s nomination at a sparsely attended party convention last month, believes “the homosexual movement is a cancer attacking vital organs of faith, family & military,” and claims, “homosexuality is a horrible sin, it poisons culture, it destroys families, it destroys societies; it brings the judgment of God unlike very few things that we can think of.” Cuccinelli, Virginia’s current attorney general, has said, “When you look at the homosexual agenda, I cannot support something that I believe brings nothing but self-destruction, not only physically but of their soul.”

While he claims not to be as anti-gay as Jackson, Rigell has amassed a consistently anti-equality record over his two-and-a-half years in Congress. According to the Human Rights Campaign, Rigell earned a zero score on LGBT issues in the 112th Congress, reaffirming the unconstitutional Defense of Marriage Act (DOMA), backing a watered-down version of the Violence Against Women Act that lacked LGBT protections, and supporting a prohibition on Don’t Ask, Don’t Tell repeal training for military chaplains. He declined to co-sponsor the Employment Non-Discrimination Act and highlights his opposition to marriage equality on his campaign website as an example of his support for “Traditional American Values.” He even signed on as a co-sponsor of a resolution condemning the Obama administration for not defending DOMA in court.

Before his tenure in Congress, Rigell led an anti-gay split of his parish, bolting from the Episcopal Church over its “modern” approach, of allowing openly-LGBT bishops and opposing a marriage inequality constitutional amendment.

Election

The Secret Weapon In The Virginia Governor’s Race Isn’t What You Think

In perhaps the most uninspiring election this cycle, Democrat Terry McAuliffe and Republican Ken Cuccinelli are locked in a battle to emerge as Virginia’s “least objectionable” candidate for governor. Public Policy Polling’s just released analysis of the race concludes that voters are increasingly turning away from both candidates as they learn more about their backgrounds and positions.

That’s not the normal trend, but it’s also not normal to have an election where voters dislike both candidates five months out:

That’s the case here. Terry McAuliffe is not popular, with 29% of voters holding a favorable opinion of him to 33% with a negative one. But we find that Ken Cuccinelli is even more unpopular, with 44% of voters rating him unfavorably to just 32% with a positive opinion. As a result we find McAuliffe leading Cuccinelli by a 5 point margin, 42/37. McAuliffe also led by 5 points on our January poll, but the share of voters who are undecided has spiked from 13% at the start of the year now up to 21%.

Cuccinelli has a big problem with independent voters. Only 25% have a favorable opinion of him to 51% with a negative one, and he trails McAuliffe by 11 points with them at 39/28. Democrats are also a little bit more sold on McAuliffe with 82% supporting him right now, while 78% of Republicans are committed to Cuccinelli.

Democrats shouldn’t crow over McAuliffe’s 5-point lead when 21 percent of Virginia voters remain undecided — up from 13 percent in January. Low-interest, off-year gubernatorial elections are typically not kind to Democrats who need decent turnout from base voters particularly in more centrist/independent states like Virginia. Although President Obama won Virginia two elections in a row, his presence does not ensure Democratic advantages. As PBS NewsHour reported in an early overview of the election, “No candidate from the party of the sitting president has won a gubernatorial race in Virginia since 1973.”

The extreme positions of Cuccinelli alone will not deliver the McAuliffe team to victory. There are plenty of far-right voters in the state who can rally around his well-defined conservative vision (however odious) and tilt an election with little or no voter interest. Instead of running out the clock, McAuliffe needs to give core Democrats a reason to support him. He needs, in other words, to explain why, in terms of policies and values, he’s a candidate progressives would want to support, not one that they’d have to by default.

There’s a good model for this type of campaign in Virginia’s recent political history — Tim Kaine’s 2005 campaign for governor.  Kaine, a lifelong devout Catholic, frequently invoked his faith on the campaign trail to define the context for his positions on things like public service, commitment to the poor, and abortion and the death penalty (Kaine opposed both but argued in the campaign that he would uphold existing Virginia law which allows both). His Republican opponent, Jerry Kilgore, tried to hammer Kaine for his opposition to the death penalty and failed dismally. Why? Because Kaine took the criticism head-on. His defense of his own values gave voters a reason to believe that the then-candidate would make for a principled governor.  As the Washington Monthly reported at the time:

In 1987, while representing a death-row inmate convicted of murdering a widow, he told reporters before the man’s execution: “Murder is wrong in the gulag, in Afghanistan, in Soweto, in the mountains of Guatemala, in Fairfax County… even in the Spring Street Penitentiary [here].” During his campaign for lieutenant governor, he also called for a state moratorium on the death penalty.

Throughout the campaign, Kaine’s opponent–former attorney general Jerry Kilgore–has pounced on that opposition. In their July debate, Kilgore suggested that Kaine might offer clemency to all death row inmates. Yet Kaine swung back with his faith. Kaine responded, “Jerry–I’ll state it again, and I’ll state it clearly: I am not going to apologize to you for my religious belief that life is sacred.”

After trailing for most the election cycle, Kaine took a late lead in the race and went on to win a solid 52 percent of the vote.   By talking candidly about his faith and motivations, Kaine was able to reach out to an ideologically diverse set of voters across the state and drive stronger support among his base.

Now, this “politics of definition” strategy may work better for someone like Kaine who has a well-known history of Catholic activism. But McAuliffe is surely not the caricature of a deal-making businessman and partisan that is often invoked when describing him. Like Kaine, he is a serious Catholic who regularly attends Mass and went to both Catholic University and Georgetown Law. You wouldn’t know from any of his current campaign materials that this strong faith has any bearing whatsoever on what he believes in politically. His ads play up his business experience and ability to work across partisan lines more than his core beliefs. These are important qualities, but they don’t give people a reason to believe in you and turnout in an otherwise boring election cycle.

In an election when your opponent is vulnerable to charges of extremism, it is tempting to engage in trench warfare and grind out a “lesser of two evils” victory.  But standing for something clear and concrete, based on real values and beliefs that define a person’s reason for seeking public service, always motivates more people to support your campaign and trust in your ability to lead. Ask Tim Kaine and Barack Obama.

Health

Virginia Republican Party Treasurer: ‘I’m Not A Big Fan Of Contraception, Frankly’

Bob FitzSimmonds and Ken Cuccinelli II

Republican Party of Virginia Treasurer Bob FitzSimmonds, a former aide to and “very close friend” of gubernatorial nominee Ken Cuccinelli II (R), told Virginia blogger Ben Tribbett that he is “not a big fan of contraception, frankly.”

FitzSimmonds — who was Cuccinelli’s legislative director during his time in the Virginia Senate, as well as a multiple-time state senate candidate himself — is the former executive director of what is now the Care Net Pregnancy Help Center and the former chair of the Virginia Crisis Pregnancy Center Directors Association. Crisis Pregnancy Centers are faith-based operations that seek to discourage pregnant women from considering abortion. He created an abstinence-only curriculum for area schools called the “Keep It Simple Say NO abstinence program“.

At last weekend’s state party convention, Tribbett asked FitzSimmon whether he supported the distribution of emergency contraception on college campuses. “I’m not a big fan of contraception, frankly,” the Republican Party official explained. “I think there are some issues, we’re giving morning-after pills to 12-year-olds, and pretty soon I guess we’ll hand them out to babies, I don’t know.”

Watch the video:

FitzSimmonds also told Tribbett that sex education has caused the spread of sexually transmitted diseases: “I believe that we don’t recognize the causal effect between the type of sex education that we’ve been giving and the spread of STDs. We focus on things like abortion, cause it’s a big pressure thing. I go into schools 15-20 times a year, I run a non-profit that goes into schools and talks to kids about sex. They’re all abortion and HIV. HIV’s kind of hard to catch. Abortion happens if you get pregnant. But we’re on the track for 50 percent of the American people to have Herpes by the time these kids are my age. And that is a profound — not only health but sociological crisis facing this country.”

FitzSimmonds posted on his Facebook page shortly after last November’s election, “When Obama is 90 years old and he dies and goes to Hell, he is going to say ‘This is all Bush’s fault.’”

(HT: BlueVirginia)

Election

Cuccinelli Endorses Running Mate, But Won’t Defend Anything He’s Ever Said

Virgnia GOP statewide nominees Ken Cuccinelli II, EW Jackson Sr., and Mark Obenshain

Virgnia GOP statewide nominees Mark Obenshain, Ken Cuccinelli II, and EW Jackson Sr. (Credit: Kyle Green/Roanoke Times)

Virginia Attorney General Ken Cuccinelli II (R), the Republican nominee for governor, endorsed his newly-nominated running mate, Bishop E.W. Jackson Sr., but refused to say whether he agreed with Jackson’s myriad controversial comments.

Cuccinelli told a crowd in Abingdon, VA on Monday that he wants Jackson, as Lt. Governor, breaking ties in the currently split Virginia Senate: “I don’t need to know what the subject matter that’s going to tie up 20-20 that the LG can vote on will be. I’m confident that we’re going to get the right vote every single time out of E.W. Jackson. So I’m glad he’s on this ticket, too.”

But in a statement to the Virginia Pilot, Cuccinelli also said he would not answer questions about his new running mate’s views. “We are not defending any of our running mates’ statements now or in the future,” he noted, adding “The people of Virginia need to get comfortable with each candidate individually.”

Given the panic and criticism from some Republicans over Jackson’s surprise victory at Saturday’s Republican Party of Virginia nominating convention, it is unsurprising that Cuccinelli wants to keep his running mate at arm’s length. But their arch-conservative views on key issues seem largely identical:

Jackson Cuccinelli
LGBT Rights Jackson opposes LGBT equality, claiming, “Homosexuality is a horrible sin, it poisons culture, it destroys families, it destroys societies; it brings the judgment of God unlike very few things that we can think of.” Cuccinelli opposes LGBT equality, claiming, “When you look at the homosexual agenda, I cannot support something that I believe brings nothing but self-destruction, not only physically but of their soul.
Planned Parenthood Jackson has attacked Planned Parenthood, calling it “more lethal to black lives than the KKK ever was.” Cuccinelli has frequently attacked Planned Parenthood, accusing them of having an “open willingness to participate in human trafficking,” and has suggested the fact that abortion clinics in Virginia are in urban areas with large African American populations is an example of white racism.
Health care Jackson does not believe Virginia should comply with the Obamacare law, claiming, “Virginia is duty bound to DEFY NOT COMPLY with any federal encroachment on the rights and freedom of our people. Working families across the Commonwealth are disappointed that a Republican led General Assembly decided to COMPLY and NOT DEFY a law that will greatly hurt the economy and health care options affecting all Virginians.” After Cuccinelli’s failed challenge to Obamacare in federal court, he suggested Virginia might not need to comply with the law: “It’s not like there’s criminal penalties out there — it becomes a power struggle,” he noted, adding, “There have been periods of time when states have just thrown their hands up and said, ‘We’re not going to do this’… It’s still possible, but it’s outside the expected legal structure.
President Obama Jackson has attacked President Obama for having “Muslim sensibilities,” claiming Obama “sees the world and Israel from a Muslim perspective.” He called Obama an anti-Semite, blaming “his Muslim associations and his long period of mentorship under Jeremiah Wright.” Cuccinelli dabbled in birtherism in 2010, saying, “Someone is going to have to come forward with nailed down testimony that he was born in place B, wherever that is. You know, the speculation is Kenya. And that doesn’t seem beyond the realm of possibility.” He quickly backed down.

For his part, Jackson sees Cuccinelli as an ideological soul mate. In a March posting on his campaign website, entitled “Ken Cuccinelli Is Right,” he wrote: “As an American and a Virginian whose ancestors were deemed by some to be less than human, I am proud to stand with a man who has the courage to speak to our consciences. As the Republican nominee for Lieutenant Governor, I will be proud to help Ken Cuccinelli bring common sense values and governance to Richmond. If we are elected in November, KEN AND I WILL FIGHT FOR EVERY VIRGINIAN’S RIGHT TO LIFE, LIBERTY AND THE PURSUIT OF HAPPINESS.”

LGBT

Virginia Republicans Nominate Rabidly Anti-LGBT Ticket

At its nominating convention Saturday, the Republican Party of Virginia selected three candidates for the November 2013 statewide elections. Their selections — Attorney General Ken Cuccinelli II for governor, Bishop E.W. Jackson for lieutenant governor, and State Senator Mark Obenshain for attorney general — represent three of the most vocally anti-LGBT figures in the history Virginia politics.

Ken Cuccinelli

Virginia Attorney General Ken Cuccinelli (R)Over his seven-and-a-half years as a state senator and his four year as attorney general, Cuccinelli earned a reputation as Virginia’s Todd Akin. He opposes even the most basic legal protections for LGBT people because he believes same-sex relationships are immoral — previously explaining, “My view is that homosexual acts, not homosexuality, but homosexual acts are wrong. They’re intrinsically wrong. And I think in a natural law based country it’s appropriate to have policies that reflect that.” Even after the U.S. Supreme Court ruled in its 2003 Lawrence v. Texas case that such bans were unconstitutional, he helped defeat an effort to repeal the state law making consensual sodomy a felony. This maneuver came back to haunt him earlier this year, when prosecutors tried to make use of the law to prosecute a statutory rape case and courts rejected the case on constitutional grounds.

He has actively pushed for state and federal constitutional amendments to prevent any legal recognition of what he terms, “what they’d like to refer to as ‘homosexual families,’” authoring a resolution calling for a federal amendment to invalidate any same-sex marriage, civil union, domestic partnership, or “other relationship analogous to marriage.” He has opined that “giving public sanction to homosexual marriage ends up redefining marriage and it’s certain to harm children.” He even opposed a state bill that allowed private companies to voluntarily provide health insurance benefits to employees’ domestic partners, warning it might “encourage this type of behavior.” His advisory opinion that Virginia’s public colleges and universities should rescind their nondiscrimination policies was called “reprehensible” by a former Republican state legislator. As recently as February, he reaffirmed his fealty to Virginia’s marriage inequality amendment, saying, “Virginians decided this in 2006 that we were going to respect traditional marriage… I don’t see that changing anytime soon.”

After unsuccessfully attempting to block a non-binding resolution honoring a Richmond-based LGBT charitable group, Cuccinelli explained, “When you look at the homosexual agenda, I cannot support something that I believe brings nothing but self-destruction, not only physically but of their soul.”

E.W. Jackson

Bishop E.W. Jackson (R)As a pastor and unsuccessful 2012 Senate candidate, Jackson has never been shy about expressing his strong opposition to LGBT people. He believes gays and lesbians are “very sick people, psychologically and emotionally” whose minds are perverted. He has also said, “Homosexuality is a horrible sin, it poisons culture, it destroys families, it destroys societies; it brings the judgment of God unlike very few things that we can think of.” Read more

Election

For Terry McAuliffe To Beat Ken Cuccinelli, He Needs To Win Over Democrats

Credit: National Journal

Virginia gave President Obama a fairly comfortable 4-point victory (51 percent-47 percent) victory in 2012.  Yet the Washington Post has just released a poll showing Democrat Terry McAuliffe trailing arch-conservative Republican Ken Cuccinelli by 5 points in the race for the 2013 Virginia governor’s office. Why the discrepancy?

Well, elections will always going to be harder for Virginia Democrats in off years like 2013 than in a Presidential election year due to turnout patterns that favor the other side. But on the evidence of the poll, McAuliffe’s problems may run deeper than just getting voters to the polls. He may also have trouble generating the kind of enthusiastic support Obama received from key demographic and geographic segments of his coalition.

Start with Obama’s minority support.  In 2012, Obama received overwhelming 83-16 support from Virginia’s minority voters, a 67 point margin. By comparison, McAuliffe’s margin among minority voters (57-21) is little more than half of Obama’s margin. This has a great deal to with McAuliffe’s performance among African-American voters, who only favor him by 69-10 in the poll, compared to Obama’s 93-6 in 2012.

Breaking McAuliffe’s support down geographically, he is dramatically underperforming in areas where Obama was strongest in 2012. In Northern Virginia, McAuliffe is only leading by 4 points, compared to Obama’s healthy margin of 16 points. That’s potentially fatal given that this area is Democrats’ strongest in the state and accounts for about a third of ballots statewide.

McAuliffe’s other big underperformance is in the Virginia Beach/Tidewater area. In the poll, McAuliffe is actually trailing Cuccinelli by 2 points, compared to Obama’s strong margin of 12 points. The Virgnia Beach/Tidewater area accounts for another fifth of the Virginia vote.

McAuliffe is not known as a Democrat with particularly strong ties to the base of the party, having functioned mostly at an elite level, particularly as a fundraiser. On the evidence of this poll, it may not be enough for him to call out Ken Cuccinelli as a right-wing extremist (as deserved as that criticism is). If he wants the Obama coalition to power him to victory in the state, they are likely to need a reason to vote for him as a representative of their interests, not those of elites.

Climate Progress

Dirty Energy Fuels Climate Change Denier Ken Cuccinelli’s Campaign

Virginia Attorney General Ken Cuccinelli (R)

Virginia Attorney General Ken Cuccinelli (R)

In the first quarter of 2013, Virginia Attorney General Ken Cuccinelli II (R) raised about $2.4 million for his gubernatorial campaign. Of that, a huge portion came from oil and gas interests — likely impressed by his long record of active climate denial.

A ThinkProgress review of data from the Virginia Public Access Project reveals that, by far, his largest donor in the period was the Republican Governors Association — a 527 political committee that works to aid Republican governors and gubernatorial candidates. While it is impossible to know the exact origin of the RGA’s $1 million contribution, the group receives a significant portion of its money from polluter interests.

In 2012, Koch Industries contributed more than $2 million, $800,000 from Devon Energy, and more than $639,000 from CONSOL Energy. According to a Center for Public Integrity investigation, oil and gas interests used the RGA to as a conduit for millions in donations in 2010, allowing them to circumvent campaign finance laws and invest heavily in electing candidates who supported fracking and other drilling expansion.

More directly, Cuccinelli accepted about $200,000 from energy companies and executives. These included:

1. Murray Energy Corporation, $50,000
2t. CONSOL Energy Inc., $25,000
2t. Dominion Political Action Committee (Dominion Resources, Inc.), $25,000
4t. Marvin Gilliam (retired VP of Cumberland Resources Corp.), $25,000
4t. Koch Industries Inc., $25,000
6t. American Electric Power Committee for Responsible Government (American Electric Power), $10,000
6t. William B. Holtzman (president and owner of Holtzman Oil), $10,000
6t. Range Resources Corporation, $10,000
9t. Thomas Farrell (CEO of Dominion Resources, Inc.), $5,000
9t. Michael G. Morris (President and CEO of American Electric Power), $5,000
9t. Baxter F. Phillips Jr. (an executive with Alpha Natural Resources, Inc.), $5,000
9t. Clyde E. Stacy (an executive with Pioneer Group/Rapoca Energy.), $5,000

Between these donations and the RGA’s funds, about half of Cuccinelli’s contributions over the reporting period were tied to oil, gas, and coal.

Their support is unsurprising given Cuccinelli’s record as Attorney General. As part of his efforts to cast doubt on climate-change science, he used his position to launch an inquisition against a former University of Virginia climate scientist. Citing possible “fraud against taxpayers,” Cuccinelli demanded the university provide him with a wide range of records relating Dr. Michael E. Mann’s grant applications.

A circuit judge and then the Virginia Supreme Court ruled that the Attorney General was incorrect in believing he had the legal authority to undertake such a fishing expedition. When he blasted the ruling, newspapers blasted him for wasting Virginia tax dollars. He also failed in his federal lawsuit challenging the Environmental Protection Agency’s power to regulate carbon dioxide as a greenhouse gas — a unanimous appeals court upheld the agency’s regulations as based on an “unambiguously correct” reading of the law.

Since his legal efforts for climate-change denial failed, he often relies on mockery, asking audiences to exhale carbon dioxide in unison, during his speeches, to annoy the EPA .

According to Greenpeace, he also worked with coal companies to roll back Virginia’s clean energy program. In the “energy” section of his campaign website, Cuccinelli says that we “need oil, natural gas, and coal to power our homes, cars, and economy and Virginia could be doing more to provide that to the world while growing job opportunities for our middle class.” To get that, he says, Virginia should safely take advantage of “all of the resources” it has on- and off-shore, “with as little government intervention as possible.”

Health

BREAKING: Virginia Board Of Health Passes Regulations Meant To Shut Down Abortion Clinics

The Virginia Board of Health voted 11-2 on Friday “to require abortion clinics to meet strict, hospital-style building codes” that many women’s health advocates say will put abortion providers out of business and prevent women from accessing essential medical services.

Pending final approval by conservative state Attorney General Ken Cuccinelli (R) and Gov. Bob McDonnell (R) — which is almost definite — Virginia will join other GOP-led states such as North Dakota, Mississippi, and Alabama in imposing stringent regulations meant to arbitrarily shut down abortion clinics.

The regulations — part of a nationwide anti-choice campaign to adopt so-called Targeted Regulation of Abortion Providers, or TRAP, laws — would require clinics that provide abortions to meet the same standards as outpatient hospital facilities, forcing many clinics to choose between expensive and medically unnecessary renovations such as widening halls and doorways or shutting down entirely. While the health board originally wished to grandfather existing clinics from having to comply with the new rules, Cuccinelli threatened to make its members foot the bill for any litigation that resulted from the law.

Friday’s vote represents the latest skirmish in an ongoing conservative war on abortion clinics. In the past three months, states have proposed an astonishing 694 provisions restricting or rolling back women’s reproductive rights. Efforts to shutter local abortion clinics disproportionately impact low-income women and significantly increase the incidence unintended pregnancies.

Justice

Full Federal Appeals Court Unanimously Rejects Cuccinelli’s Bid To Reinstate Anti-Sodomy Law


Late last month, Virginia Attorney General Ken Cuccinelli (R) filed a petition asking the full United States Court of Appeals for the Fourth Circuit to reinstate Virginia’s “Crimes Against Nature” law, which makes oral and anal sex a felony. A three-judge panel of that same court had struck down the law, noting that it cannot be squared the Supreme Court’s decision in Lawrence v. Texas, which prohibits laws criminalizing non-commercial sexual activity between consenting adults. Yesterday, the Fourth Circuit issued an order rejecting Cuccinelli’s request. Notably, not one of the court’s judges requested a poll of the court to consider Cuccinelli’s petition, so his petition received no support whatsoever from the court’s members.

As ThinkProgress noted last week, this case involved a felony prosecution of a 47 year-old man charged with soliciting oral sex from a 17 year-old girl. While a blanket ban on oral sex is unconstitutional under Lawrence, Virginia is permitted to pass laws criminalizing sex with people who are underage. Indeed, the Virginia legislature considered a bill which would have done exactly that, by bringing the “Crimes Against Nature” law in compliance with Lawrence, in 2004. Cuccinelli voted against that bill because he wanted to keep an outright ban on gay sex on the books, even if that ban was unconstitutional.

In other words, if Cuccinelli had not refused to bring state law into compliance with the Constitution, he wouldn’t have lost his case before the Fourth Circuit.

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