Ox Road South: Recent Comments

Comment on Justice Rolls Like a Mighty River (Monday's version)

2010-03-09T22:18:15Z

Dear Sen. Petersen,
Your vote on Del. Iaquinto's bill was misinformed. The fact is drunk drivers have driven drunk 87 times, on average, before being caught. In addition, 50 to 75 percent of offenders will continue to drive even on a suspended license.

Del. Iaquinto's bill would have required drunk drivers to use an ignition interlock device. That means that the offender could go to work, school, or anywhere they need to go. Offenders pay for the device, so it doesn't cost Virginia taxpayers anything.

If this bill had passed, over 80 Virginian's could be saved next year. If your Committee had approved this two years ago when it first had a chance to consider it, over 160 people could have been saved on Virginia's roads.

I hope you will change your mind on this issue and support interlocks for all convicted drunk drivers.

Comment on One More Week to Go

2010-03-09T18:25:48Z

Thanks Fil. Wasn't on that Committee but not surprised by the vote.

Comment on One More Week to Go

2010-03-09T03:19:51Z

I see you killed HB 629 ~ one of the stupidest bills I've ever seen pass the VA delegates. Thanks for clearer thinking and giving Howell's friends a big resounding NO.

Comment on Round 2 Against Health Care Mandates

2010-03-08T18:21:34Z

How about the IDCC? One of the issues that is still outstanding is whether or not the committee will need to purchase insurance separate from the City's policy. One of the reasons I'm not participating this year is that I do not want to be potentially liable until such time as this issue is resolved.

Comment on Round 2 Against Health Care Mandates

2010-03-08T11:42:43Z

That's an interesting argument. Obviously, at the state level, we do compel people to enter contracts in certain situations (the most obvious example is car insurance). Frankly, I haven't followed the Fed health care bill that closely -- and the most ambitious part appears dead -- but I understand that it would require adults to get insurance, at least for their children.

In my 16 years as a lawyer, I've never heard the 10th Amendment cited in an argument or a judicial opinion. I would argue that it's a rule of logic (that which is not named is therefore not included), not a legal principle.

Whether the 10th Amendment could provide you an "out" from buying insurance is an interesting concept. Of course, our state laws can't nullify Federal laws, period. So the bills we passed in Richmond this years are purely symbolic -- except for the unintended consequences they have within our own state.

Comment on Floor Fight Yields Rare Enviro Victory

2010-03-07T14:20:18Z

HB 1300 strikes the authority for state regulators to require a polluter to clean up the air near the pollution source. S/he can clean up somewhere else and take credit for it - even in another state!
I am glad that you got NOVA carved out of this very bad bill. The rest of us get stuck with the prospect of our bad air being "fixed" as some other region or state cleans up theirs and the polluter near my house takes credit for it.
So in Hampton Roads, where a coal-fired power plant is going in, they get to clean up the air in North Carolina, take credit, and we get to breathe bad air.
A NO vote on HB 1300 was the only pro-environment vote.

Comment on Round 2 Against Health Care Mandates

2010-03-07T03:49:11Z

Food for thought. You guys are the lawyers so you'll have to tell me where I am going astray. I thought the objection was that the Federal government couldn't force you to buy insurance. This is because there is no language in the Constitution that could be construed as giving the Federal government the right to compel a citizen into a private contract. However, the 10th Amendment empowers the states to do anything so long as it is not forbidden by the Constitution or reserved (in the Constitution) to the Federal government. Therefore, the Feds can't force you into a contract with a private company but Virginia can.

Where am I losing the plot on this?

Comment on Round 2 Against Health Care Mandates

2010-03-06T03:30:12Z

That's interesting - I raised that exact objection in our floor debate and said it needed to be amended and was ignored.

Great minds think alike.

Comment on Round 2 Against Health Care Mandates

2010-03-05T14:19:36Z

Thanks for your leadership on this issue. The Republican party's position on this is absurd, especially where it relates to kids.

Comment on Floor Fight Yields Rare Enviro Victory

2010-03-04T19:06:38Z

Way to go Chap!