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The pro-abortion forces in Virginia are nothing if not masters at hyperbole. That, or downright Orwellian. Today, they held a news conference at the General Assembly Building to reinforce their message of choice since their stunning defeat on the abortion center regulation bill: That limiting abortions, and thus saving the most innocent among us, is “an attack on women’s health.” Among attendees were a who’s who of the General Assembly pro-abortion crowd: Senators Donald McEachin and Mary Margaret Whipple; and Delegates Patrick Hope, David Englin, Jennier McClellan, Scott Surovell, Adam Ebbin, Onzlee Ware, Vivian Watts and Charniele Herring — the so-called “Reproductive Health Caucus.”

They were joined not only by Planned Parenthood and NARAL, but by the ACLU and the League of Women’s Voters, whose representative enthusiastically gave herself a shout-out when Delegate Herring failed to recognize her. What abortion “rights” has to do with registering women to vote is anyone’s guess, but that moment was the most exciting thing at what had to be the most uneventful news conference in General Assembly history — nothing more than introductions, a statement by Delegate Herring, and a story by a woman whose situation was not relevant to the exchanges. Not even a question by one of the two or three members of the press who attended. Even the distributed prepared press statements were boring. Sorry, but no video, excerpted quotes, nor links worth citing. Even Planned Parenthood’s e-mail alert left a lot to be desired. An indication that the tide is turning? We’ll find out tomorrow when our electeds vote to sustain or reject two pro-life amendments passed down by Governor Bob McDonnell: One, to HB 2434, to prohibit taxpayer funding of abortion in the new state health insurance exchanges mandated by the federal healthcare law; and another, a budget amendment, restoring abstinence education funding that former Governor Tim Kaine eliminated.

These votes promise to be very close in the Senate tomorrow during the “Veto Session.” Please contact your senator Wednesday morning and ask him or her to vote for each.

Click here if you know your senator and need his or her phone number.

Click here if you don’t know who your senator is.

Meanwhile, here’s more coverage on the health insurance exchange amendment, from the Norfolk Virginian-Pilot (here) and below, from WTVR-TV/CBS6 in Richmond. Both feature comments from Family Foundation President Victoria Cobb.

Last week, Governor Bob McDonnell added a pro-life amendment to an ObamaCare induced bill — Delegate Terry Kilgore’s HB 2434, that directs the Commonwealth to set up health insurance exchanges in accordance with the new law. (Under ObamaCare, if states don’t act to establish their own exchanges and rules, the federal government will do ti for them.) The governor’s amendment would restrict the proposed and mandated health insurance exchanges from covering abortion services, except in cases of rape, incest, or when the life of the mother is at risk. Without such change to the bill, pro-life citizens will be coerced into funding the unethical destruction of human life. His amendment also would prohibit insurance companies from selling optional riders that cover those same abortion services. Typically, NARAL went ballistic (see the Washington Post VIrginia Politics Blog, a Post news article and the Richmond Times-Dispatch; we’re quoted in all three), although the amendment reflects decades-old federal policy under the Hyde Amendment.

Now, the General Assembly must accept the governor’s amendment at next Wednesday’s veto session. During this year’s General Assembly session, similar health insurance abortion funding opt-out language was passed by the House of Delegates twice with overwhelming majorities, but was defeated in the Senate. The Senate voted on a procedural motion, at the end of session, to strike a bill almost identical to Governor McDonnell’s language. It succeeded on a 22-18 party line vote. Since the governor’s language strictly is a policy vote, not a procedural vote, we hope to urge at least two pro-life Democrats to support the amendment.

Of course, this is nothing new. Whether it is a widely-passed bipartisan House bill or a governor’s amendment, the Senate remains the body that blocks nearly every pro-life effort, and has done so for several years. Over the last several days, The Family Foundation has mobilized citizens across Virginia to contact key senators so that they know Virginians want this amendment passed. It is clear that it will not be until the Senate reflects the values of Virginia that we will see many victories. The opportunity to make those changes is quickly approaching, as all 40 Senate seats are up for election in November.

We believe the key to sustaining the amendment lies with five key senators: Fred Quayle (R-13, Suffolk), John Watkins (R-10, Midlothian), Roscoe Reynolds (D-20, Martinsville), Chuck Colgan (D-29, Manassas), and Phil Puckett (D-38, Tazewell). Contact these senators now and urge them to vote yes on Governor McDonnell’s abortion funding opt-out amendment for health insurance exchanges on HB 2434.

You can contact them by calling their district offices (numbers below) or by clicking on their names for their e-mail addresses:

Senator Quayle: 757-483-9173

Senator Watkins: 804-379-2063

Senator Reynolds: 276-638-2315

Senator Colgan: 703-368-0300

Senator Puckett: 276-979-8181

Governor Bob McDonnell today gave the national Republican response to the weekly presidential radio/Internet address. After thanking our military personnel for its bravery in Libya and humanitarian assistance in Japan, as well as its ongoing operations in Afghanistan and Iraq, he went after Washington for its unsustainable spending and debt, and the increasing costs of Medicaid, which is rapidly accounting for as much as a fifth to a quarter of states’ budgets. He then cited Virginia as an example of balancing budgets through spending reductions. He also keenly noted that while Washington liberals were in a tremendous hurry to push through ObamaCare (it became law one year ago this week), which will add more to the national debt and state obligations, it is dragging its feet in determining its legality by blocking, stalling and delaying the legal process, costing us yet more millions of tax dollars. Governor McDonnell concluded by enumerating proposals by Republican governors that actually would reform health care without the new mammoth and oppressive bureaucracy that is ObamaCare.

“It’s also unconstitutional. … But now, the very same administration that was in such a rush to pass the bill is in no hurry to find out if it’s legal. … Shockingly, the Obama administration opposes an expedited appeal to the Supreme Court.”

Okay. Maybe not so shockingly.

Yesterday, we published the official statement of Governor Bob McDonnell regarding the one year anniversary of the federal healthcare law. In it, he mentions that more than half the nation’s governors support Virginia’s appeal to the U.S. Supreme Court to take the case directly (although the 20-plus states that won in Florida Federal District Court are, for now, content to resume battle with the feds in Appeals Court). Today, we post a mildly abbreviated version of Attorney General Ken Cuccinelli’s update of the case’s status, as sent to supporters earlier today.

Virginia is on a ‘dual track’ in the case at the moment. We have a motion to expedite the case pending in the U.S. Supreme Court and at the same time we are briefing the case for presentation to the 4th Circuit Court of Appeals — the appellate court that covers Virginia.

We have asked the Supreme Court to expedite the case under its Rule 11. They only do this for one or two cases per decade, so don’t bet a lot of money on this one; however, the nature and cost of the healthcare law is the type that they have expedited in the past, so we’ll see what they do.

We submitted the final brief on expediting this week. The Supreme Court will consider our request on April 15th. We could see a decision by the Supreme Court as soon as April 18th. …

Under Rule 11 of the Supreme Court, Virginia has requested that the Supreme Court pull the case out of the Court of Appeals and hear it directly. This could cut almost a year off of the case, resulting in ENORMOUS savings to both state governments and the private sector if the law is found unconstitutional and stricken. And why go through all the hoops of getting ready to implement a law that may be stricken anyway? Oh, I’m sorry, there I go thinking logically again . . . naturally the Obama administration is opposing this effort . . . I know you’re shocked.

You might ask yourself, “Won’t the Supreme Court want to hear from Appellate Court judges?” And the answer is “maybe.” Remember this case is pure legal argument. There are no documents or other discovery to consider, no trial witnesses, in fact there was no trial at all. So, we are re-arguing the same pure legal arguments from the district court again in the Court of Appeals. Also, five different judges have addressed the merits of the case, with more to come. So, there are going to be an unusual number of judges’ opinions to look at — should the Supremes so choose — without even getting to the appeals courts.

Thus far, we are the only state requesting that the Supreme Court exercise its discretion to expedite the case. Whether or not the Supreme Court decides to expedite the case is entirely within their discretion, so it’s hard to tell what may happen. …

At the same time, we are about to submit our first of two briefs in the appellate court. In their opening brief, the feds made essentially the same arguments that they made in the district court. And while we adjust our presentation to include elements of other cases, our arguments will be the same as in the district court.

We will argue our case on May 10th before a three judge panel of the 4th Circuit (assuming the Supreme Court does NOT expedite the case, thereby taking it out of the appeals court). We will not know who those three judges are until the day of the argument.

Following our hearing, it would then be reasonable to look for a ruling around mid-July. I expect each side to react differently depending on who wins.

If Virginia wins in the 4th Circuit, I expect the federal government to ask the full 4th Circuit to rehear the case en banc (i.e., with all 14 judges of the 4th Circuit participating). This would be consistent with their efforts to drag the case out, as that may add several more months in the 4th Circuit, at which point, whichever side loses en banc will appeal to the U.S. Supreme Court.

If the feds win in the 4th Circuit, I expect that we will immediately appeal to the U.S. Supreme Court.

Once we get to the Supreme Court, I would expect to brief and argue the case during the next term of the Court. The next term of the Court will run from the beginning of October 2011 through the end of June 2012.

I would then expect that a final decision in our case will most likely be made (best guess) toward the end of June 2012. I think it will be very hard for the Obama administration to drag the case beyond June of 2012.

Obviously, that is very interesting timing in light of the Presidential race. And it further baffles me as to why the President would want to drag the case as close to Election Day as possible. …

While some Republicans, in Virginia and nationally, think the time has come and passed on “social issues” (i.e., preserving life and marriage), and that elections can be won only from the “center,” Governor Bob McDonnell has some news for you. Social issues matter and they are worth the fight.

Charlottesville television station NBC29′s RichmondReport conducted an interview (read here) with the governor and posted the video online today. He was asked if there should be a “truce on social issues,” perhaps in response to Indiana governor and potential GOP presidential candidate Mitch Daniels, who created headlines last year when he said there should be a “truce” on social issues (i.e., throw in the towel, traditional marriage supporters and pro-lifers). Last week, Governor Daniels reiterated that position unapologetically in The Hill.

Equally unequivocal, Governor McDonnell said that while people tend to think first about jobs and fiscal issues during a tough economy, there are certain issues that must always be discussed because they go to the core of our founding, most especially life. He added that issues regarding the family are a significant aspect of public policy and government has a place in looking for solutions to problems affecting families and in making them stronger.

From the interview:

I believe that’s very much what the focus ought to be on right now, but to say we’re not going to discuss any social or values issues because they’re controversial, I don’t think is the right thing to do. …

There are (issues) regarding life and marriage and family that there are public policies that I think the government needs to set. …

No truce here, carry on: Governor McDonnell affirms the importance of life, marriage and other “social issues” in public policy that some politicians prefer to ignore.

After a long and passionate Senate floor debate that spanned a few hours over two days, the Virginia Senate voted 20-20 this afternoon to direct the Department of Health to promulgate regulations for abortion centers. After a brief pause for the Senate clerk to announce the vote, Lt. Governor Bill Bolling cast his constitutionally authorized tie-breaking vote in favor of the bill. It now will go to Governor Bob McDonnell for his signature. After more than two decades of hiding behind a veil of political secrecy, abortion centers in Virginia will face greater scrutiny and better health standards.

It was the first time ever that such legislation has even reached the Senate floor, despite numerous bills passed by the House. Each year, including earlier this session, the Senate kills the legislation in committee. But all 18 Republicans held together and two brave pro-life Democrats, Senators Phil Puckett (D-38, Tazewell) and Chuck Colgan (D-29, Manassas), resisted pressure from their caucus’ leadership.

While the session has gone according to script this year, with the House passing and the Senate Education and Health Committee killing pro-life legislation, a dramatic turn occurred only a few days ago, in last days of session. SB 924, patroned by Senator Ryan McDougle (R-4, Hanover), which directs the Board of Health to promulgate regulations for certain health care facilities, passed the Senate and went to the House of Delegates. Delegate Kathy Byron (R-22, Lynchburg) offered an amendment to add abortion centers. Liberals challenged its germaneness, but after consulting with his parliamentarian, House Speaker Bill Howell (R-28, Stafford) ruled it in order and the House passed it overwhelmingly. That change required it to return to the Senate where the GOP caucus began to coalesce around the amendment. The vote was scheduled yesterday, but after a half-hour of debate it was passed by until today. Senate Democrat leaders pressured its two wayward colleagues, but at the outset of the tenor of today’s 90-minute debate it was apparent there were no cracks in the coalition.

Unfortunately, opponents devoid of logic but full of less-than-genuine arguments, demagogued the issue. At one point Senator Janet Howell (D-32, Fairfax) mocked Senator Mark Obenshain’s (R-26, Harrisonburg) recitation of federal court decisions upholding abortion center regulations, even though he was replying to her colleagues’ calls for proof of legal precedent. It prompted this exchange. Majority Leader Dick Saslaw (D-35, Springfield) told his colleagues to “get a life!” if they thought the bill was about women’s safety, ignoring his own colleagues’ faux concerns for the constitution.

Senator John Edwards (D-21, Roanoke) repeatedly claimed the bill was unconstitutional with wild assertions and vague stretches of case law, all of which were refuted by Senator Obenshain, who cited federal appeals and U.S. Supreme Court decisions. One was Planned Parenthood v. Casey, which Senator Edwards said ruled such regulations illegal. Senator Obenshain replied that “standing up and saying so doesn’t make it so,” and read from the court’s opinion which plainly disproved Senator Edwards’ assertions.

Several liberal senators predicted horrors such as back alley abortions even though states such as South Carolina regulate abortion centers with no such reports and Virginia regulated abortion centers until 1983. They also claimed first-trimester abortions were among the “safest procedures” despite absolutely no corroborating evidence because there are no reporting requirements mandated in Virginia. Senator Dave Marsden (D-37, Fairfax) even compared the bill to the poll tax and efforts to keep minorities from voting in the Jim Crow era.

Another desperate aspect of the debate was the demand by several liberal Democrats that Attorney General Ken Cuccinelli issue an opinion, perhaps the first time they’ve wanted his advice. Of course, it was a tactic to delay and kill the bill. Senator Edwards sarcastically said the attorney general would love to defend the bill if it became law because of the other legal actions he’s pursued. But the fact was, and they knew it, he issued an opinion in August in support of the constitutionality of such regulations. He even accommodated senators with a letter composed during a Senate recess — which added to the longevity of the debate.

Opponents’ arguments, so twisted, inevitably contradicted each other, with Senator Howell’s unwitting admission that abortion is, in fact, used for contraception when she said the bill would take away one method of “determining the size of families.”

This was a monumental vote and a historic day. The forces of life, after years of pursuit, finally won an incremental and commonsense victory. Thank you to all who contacted their senators on this important issue! We now look forward to working within the regulatory process to ensure the regulations by the Board of Health ensure abortion centers are safe for women who make the unfortunate choice of abortion.

Wish I had more time to write about this. Wish I had more time to participate today, but I was wearing my other hat (as lobbyist) — and even ended up lobbying my fellow bloggers to blog about the big property rights vote: But it was a tremendous day at Lt. Governor Bill Bolling’s 4th Annual Bloggers Day At The Capitol, capped off with a terrific reception with the LG and Governor Bob McDonnell at the Executive Mansion in the early evening.

Thanks a million Lt. Governor! Thanks also to my bloggers in arms. I wish only that I could’ve solely focused on the fun of talking blog shop and not slugging it out in the legislative trenches with friends and foes (some of which was going on just outside the doorway where where the afternoon bloggers’ briefing took place). Oh, what I wish I could blog about!

A funny thing happened Friday afternoon on the way to some much needed tax relief for small and family-run businesses: HB 1437, patroned by Delegate Mark Cole (R-88, Spottsylvania), which would grant localities the power to keep or discontinue the dreaded BPOL Tax, was recommitted to the Senate Finance Committee from the Senate floor even though that committee earlier in the week passed in unanimously!

Now, we need your help. Please contact senators, on the Finance Committee, and ask for their vote tomorrow morning to report this bill back to the Senate floor!

Here’s what happened: Early last week the bill passed out of the Finance Committee unanimously and went to the full Senate in the “uncontested bloc.” That’s where bills without dissenting committee votes go and almost always are passed, without controversy, in a group. However, on the bloc’s “third read” Friday — the vote which would’ve sent HB 1437 to Governor Bob McDonnell — Senator Charles Colgan (D-29, Manassas), who chairs the Finance Committee, pulled it out of the bloc and his motion to ”recommit” the bill to his committee did not meet opposition.

We’re not sure why this bill was sent back to the Finance Committee, where no interest groups spoke in opposition it. It passed the House 94-5, but we’ve seen in the past that big, bipartisan margins in the House mean nothing in the Senate.

The BPOL Tax was established to fund the War of 1812. Not only has it outlived that purpose by 199 years, it is inherently unfair, taxing Virginia businesses on gross receipts rather than profit. That means companies that lose money still pay a tax! It punishes many small, family-run businesses that run on tight profit margins. In this down economy, government should do all it can to encourage job growth. The BPOL Tax kills jobs and stunts the growth of small businesses — which create 75 percent of all jobs in America.

This bill is entirely permissive. Localities, as unfair as it is, may still keep the BPOL tax if this bill becomes law. However, it allows them to tax businesses at the Virginia Taxable Income rate instead, which is entirely fair. Plus, this bill would return more decision-making authority to government closest to the people. Denying localities the option to end this tax after 199 years is indefensible. This option would give localities an edge in attracting new businesses and encourage the start up of new locally-owned businesses as well. 

State government should do all it can to help businesses thrive. Instead, we hear stories all the time, such as the small business owner in Norfolk who lost $70,000 last year, covered the loss with his savings, and still had to pay $4,000 in the BPOL Tax! Is that how we create jobs in Virginia?

I was in the Senate Finance Committee this morning watching, thankfully, two good bills, which may lead to some much needed tax reform, fly through. The committee agenda was short, normal right after “crossover,” and only six bills were heard, all passing on unanimous voice votes. Can’t be much simpler than that. At what should’ve been a quick bang of the gavel to dismiss, committee Chairman Chuck Colgan (D-29, Manassas) made the announcement, the first one in public as it turned out: Former Virginia Supreme Court Chief Justice Leroy Hassell, Sr., died, unexpectedly, at age 55 (WTVR.com). He previously stepped aside as chief justice, but remained on the court. 

Governor Bob McDonnell ordered that the flag of the commonwealth be flown at half-staff on all local, state, and federal buildings and grounds (WTVR.com). New Chief Justice Cynthia Kinser was scheduled to be sworn in officially this week. There is no word on the status of that ceremony at this point. She will be the first woman Virginia Supreme Court Chief Justice.

(Updated 4:45 p.m.: The governor has ordered that flags be flown at half-staff until his burial on all local, state, and federal buildings and grounds in Virginia. Additionally, Justice Hassell will lie in state in the Virginia State Capitol prior to burial. See his official statement honoring Justice Hassell)

Chief Justice Hassell was the first black person to serve in that position. He was a native Virginian, and proudly so. Attorney General Ken Cuccinelli included this 2003 quote in the Richmond Times-Dispatch in his statement honoring Mr. Hassell:

I do not wish to serve, however, because I happen to be black. Rather, I desire to serve because I am a Virginian by birth who has a strong affection and love for the commonwealth and its people.

He will be missed. He was a man of great faith, intellect, warmth, stature and humility.

Later in the morning, a bombshell e-mail from a political consultant friend: U.S. Senator Jim Webb will not run for re-election in 2012 (Washington Post Virginia Politics Blog). Though not totally unexpected, the timing (through no fault of Senator Webb) was strange, so soon after the sad news about Justice Hassell. Mr. Webb had not actively engaged in fundraising and many thought from the beginning he would term limit himself, given the flukish nature of his election — and a possible Defense Secretary appointment in a potential Obama second term.

Now, the attention turns to who the Democrats will nominate. Early speculation ranges from everyone from former Governor Tim Kaine and Terry McAuliffe (if he can be pulled away from running for governor) to former Congressmen Rick Boucher and Tom Periello, to Krystal Ball, who unsuccessfully challenged Republican Rob Wittman in the first district last year.

Thanksgiving is a special time of year. More than a prelude to a crass commercial time, it celebrates a recognition of God not only in the creation of our nation, but in its exceptionalism and all the freedoms and responsibilities entailed in maintaining such graces. It calls on us to pause and give thanks to all present and past who have sacrificed for our nation, our states and our families. It is a time to give thanks to the Almighty for the many and great blessings of America, just as our Founders did, the colonists who preceded them and every generation since, no matter how bountiful or bleak the times.

It may be coincidence, but the peaceful late fall couldn’t be a better time for such a weekend. The quiet of the streets, the briskness of the air, the tint of the sky and the remaining foilage all are perfect accents by which to reflect. Having dear friends and families with which to reunion makes it a more precious time still.

On behalf of the board, staff, volunteers and grassroots activists across the commonwealth, The Family Foundation of Virginia wishes all Virginians a safe, happy and bountiful Thanksgiving weekend. In recognition of this uniquely American holiday, and Virginia’s role in it, we commend to you Governor Bob McDonnell’s proclamation recognizing November 25 as Thanksgiving Day in Virginia.

WHEREAS, the first permanent English speaking settlement in the New World was established in Virginia at Jamestown in 1607, as Captain John Smith led a group of settlers across the Atlantic on a voyage that would entail much hardship over the coming years, including disease and starvation; and

WHEREAS, to show their appreciation for the colony’s success and to take stock and give thanks for their own gifts and blessings, and in spite of tremendous adversity, the settlers in Virginia found time to celebrate the first Thanksgiving in America at Berkeley Plantation on December 4, 1619; and

WHEREAS, while reflecting upon the actions taken by the colonists at the first Thanksgiving, we also honor the Indian peoples, for without their presence, the survival of the colonists would have been ever more difficult; and

WHEREAS, American leaders and citizens have recognized a day of Thanksgiving since our first president, George Washington issued the first Thanksgiving proclamation in 1789, stating “it is the duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly implore His protection and favor”; and

WHEREAS, it is a Virginia tradition for our citizens to come together in unity on Thanksgiving Day and give thanks for the great level of serenity, harmony and abundance with which we, as citizens of a free nation, have been blessed; the rule of law by which we peaceably govern ourselves and by which our civil and religious liberties are guaranteed; and the brave servicemen and women of our armed forces who risk their lives to defend the freedoms and blessings we cherish;

NOW, THEREFORE, I, Robert F. McDonnell, do hereby recognize November 25, 2010 as THANKSGIVING DAY in our COMMONWEALTH OF VIRGINIA, and I call this observance to the attention of all our citizens; and

FURTHERMORE, I encourage all Virginians to give thanks to our Creator for our plentiful blessings, including the rights to life, liberty and the pursuit of happiness as well as the unwavering strength of our families and communities.