Wednesday, January 24, 2007
Roscoe Reynolds Doesn't Get It
One of the many reasons I'm endorsing Jeff Evans for the 20th Senate District over Roscoe Reynolds is right there in front of you. In July of 2005 I contacted Mr. Reynolds in order to ask his opinion of the Kelo v City of New London Supreme Court case and the issue of eminent domain in Virginia in general.
His response to me was either woefully ignorant of the law, or it was designed to patronize a constituent whom he thought to be ignorant and thus easily placated. Although I'm inclined to believe the latter to be true, either situation is unacceptable in a State Senator.
You will notice that Mr. Reynolds, who is a lawyer by the way, claims that since this was a Supreme Court decision and was based on the United States Constitution it could not affect Virginia at all. Now again remember that Mr. Reynolds is the lawyer, not me, so I could be wrong here. Could anyone tell me when and by what mechanism Virginia became immune to the requirements of the United States Constitution and or Supreme Court decisions?
As an enclosure with his letter Roscoe was thoughtful enough to include a copy of a document by Frank Munyan Senior Attorney for the Virginia Division of Legislative Services. The document, in PDF form can be downloaded here. [Link]
If you download Mr. Munyan's document you will find that he has decided that the Supreme Court's decision in Kelo does in fact apply to Virginia, with many of Virginia's provisions for condemnation bearing striking similarities to Justice Stevens' arguments. Once again I must ask; Is Roscoe Reynolds so dense that he would unknowingly include a document that refutes his own letter, or did he assume his corespondent would ignorantly not notice? Once again I have to conclude that either situation is unacceptable in a Virginia Senator.
A whole legislative session has since gone by with no action whatsoever from Mr. Reynolds. Now, just in time for the current legislative session there is a remarkably Kelo like situation occurring in the city of Staunton. Elle has more information on the case here. [Link]
Posted by Charlie Bishop at 4:33 PM