Podcasts about virginia state board

The Rich Zeoli Show- Hour 2: 4:05pm- Congresswoman Elise Stefanik—U.S. Representative for New York's 21st Congressional District & House Republican Conference Chair—joins The Rich Zeoli Show to react to Kamala Harris and the far-left baselessly comparing Donald Trump to authoritarians. Rep. Stefanik notes that the claims are obviously ridiculous and false, and the strategy illustrates that Democrats don't have policy ideas that are resonating with Americans. 4:20pm- Rich takes calls from listeners—what are you expecting on November 5th? 4:25pm- On Friday, the Department of Justice (DOJ) announced it had filed a lawsuit against the Virginia State Board of Elections for removing non-citizens from their voting registration list. In August, Governor Glenn Younkin signed an executive order which was designed to “cancel the registrations of non-citizens who have registered to vote in a local, state, or federal election by falsely claiming that they are a citizen, including the forging of documentation or any other means of improper registration.” Why is the Biden Administration fighting Virginia over its prevention of non-citizens from voting in the 2024 election? 4:40pm- Dr. Victoria Coates—Former Deputy National Security Advisor & the Vice President of the Davis Institute for National Security and Foreign Policy at The Heritage Foundation—joins The Rich Zeoli Show and reacts to Auschwitz survivor Jerry Wartski demanding that Kamala Harris apologize for outlandishly calling Donald Trump a “fascist.” Dr. Coates is the author of the upcoming book: “The Battle for the Jewish State: How Israel—and America—Can Win” which features a forward from Senator Ted Cruz.

The Rich Zeoli Show- Full Show (10/25/2024): 3:05pm- On Tuesday, The Atlantic published a piece written by Editor-in-Chief Jeffrey Goldberg which alleges that Donald Trump praised Nazi generals for their loyalty, and that he once demeaned fallen American soldier Vanessa Guillen—refusing to pay $60,000 for her funeral. On Wednesday, Guillen's sister—Mayra Guillen—responded to Goldberg's claims via her X account: “Wow. I don't appreciate how you are exploiting my sister's death for politics—hurtful & disrespectful to the important changes she made for service members. President Donald Trump did nothing but show respect to my family & Vanessa. In fact, I voted for President Trump today.” During a CNN townhall event, Kamala Harris explicitly stated that she believes Trump is a “fascist.” White House Press Secretary Karine Jean Pierre echoed identical sentiments on behalf of the Biden-Harris Administration. On Friday, an Auschwitz survivor named Jerry Wartski appeared in a social media video demanding that Harris apologize for the outlandish comparison: “I know more about Hitler than Kamala will ever know in a thousand lifetimes. For her to accuse President Trump of being like Hitler is the worst thing I've ever heard in my 75 years of living in the U.S." 3:20pm- No, Trump is Not a Fascist. Rich Lowry of National Review writes: “Kamala Harris has officially ended the ‘joy' phase of her campaign, and has instead entered the ‘Trump is a fascist” stage. Asked at a CNN town hall whether she thinks Donald Trump is a fascist, Harris said, ‘Yes, I do.'…Until now, Harris has tended to make a case against Trump as a standard Republican who caters to the needs of the wealthy. Now, she's portraying him as an American Mussolini.” You can read the full article here: https://www.nationalreview.com/2024/10/no-trump-is-not-a-fascist/ 3:40pm- The International Association of Fire Fighters Local 22 of Philadelphia announced that they are ending their endorsement for U.S. Senator Bob Casey's reelection campaign (D-PA) and will now be supporting his challenger, Republican Dave McCormick. 4:05pm- Congresswoman Elise Stefanik—U.S. Representative for New York's 21st Congressional District & House Republican Conference Chair—joins The Rich Zeoli Show to react to Kamala Harris and the far-left baselessly comparing Donald Trump to authoritarians. Rep. Stefanik notes that the claims are obviously ridiculous and false, and the strategy illustrates that Democrats don't have policy ideas that are resonating with Americans. 4:20pm- Rich takes calls from listeners—what are you expecting on November 5th? 4:25pm- On Friday, the Department of Justice (DOJ) announced it had filed a lawsuit against the Virginia State Board of Elections for removing non-citizens from their voting registration list. In August, Governor Glenn Younkin signed an executive order which was designed to “cancel the registrations of non-citizens who have registered to vote in a local, state, or federal election by falsely claiming that they are a citizen, including the forging of documentation or any other means of improper registration.” Why is the Biden Administration fighting Virginia over its prevention of non-citizens from voting in the 2024 election? 4:40pm- Dr. Victoria Coates—Former Deputy National Security Advisor & the Vice President of the Davis Institute for National Security and Foreign Policy at The Heritage Foundation—joins The Rich Zeoli Show and reacts to Auschwitz survivor Jerry Wartski demanding that Kamala Harris apologize for outlandishly calling Donald Trump a “fascist.” Dr. Coates is the author of the upcoming book: “The Battle for the Jewish State: How Israel—and America—Can Win” which features a forward from Senator Ted Cruz. 5:00pm- During a Trump campaign event on Tuesday, former Congresswoman Tulsi Gabbard—who served in the House of Representatives as a Democrat—announced that she was joining the Republican Party. She appeared on Fox News and explaine ...

The Rich Zeoli Show- Hour 1: 3:05pm- On Friday, the Department of Justice (DOJ) announced it had filed a lawsuit against the Virginia State Board of Elections for removing non-citizens from their voting registration list. In August, Governor Glenn Younkin signed an executive order which was designed to “cancel the registrations of non-citizens who have registered to vote in a local, state, or federal election by falsely claiming that they are a citizen, including the forging of documentation or any other means of improper registration.” Why is the Biden Administration fighting Virginia over its prevention of non-citizens from voting in the 2024 election? 3:30pm- On Monday night, Donald Trump participated in a town hall in Oaks, Pennsylvania. Sadly, two attendees had medical emergencies during the event. In reaction, Trump decided to suspend the Q&A portion of the event and instead played some of his favorite songs for those in attendance—including “YMCA” and “Hallelujah.” The Harris-Walz campaign and media members are now claiming that by playing music instead of answering questions, Trump somehow revealed he is unfit for office? ABC News Senior National Correspondent Terry Moran debunked the narrative that the event was cut short/altered for anything other than medical emergencies in the crowd. 3:50pm- Is Donald Trump dancing to YMCA a threat to democracy?

The Rich Zeoli Show- Full Episode (10/15/2024): 3:05pm- On Friday, the Department of Justice (DOJ) announced it had filed a lawsuit against the Virginia State Board of Elections for removing non-citizens from their voting registration list. In August, Governor Glenn Younkin signed an executive order which was designed to “cancel the registrations of non-citizens who have registered to vote in a local, state, or federal election by falsely claiming that they are a citizen, including the forging of documentation or any other means of improper registration.” Why is the Biden Administration fighting Virginia over its prevention of non-citizens from voting in the 2024 election? 3:30pm- On Monday night, Donald Trump participated in a town hall in Oaks, Pennsylvania. Sadly, two attendees had medical emergencies during the event. In reaction, Trump decided to suspend the Q&A portion of the event and instead played some of his favorite songs for those in attendance—including “YMCA” and “Hallelujah.” The Harris-Walz campaign and media members are now claiming that by playing music instead of answering questions, Trump somehow revealed he is unfit for office? ABC News Senior National Correspondent Terry Moran debunked the narrative that the event was cut short/altered for anything other than medical emergencies in the crowd. 3:50pm- Is Donald Trump dancing to YMCA a threat to democracy? 4:00pm- Michael Whatley—Republican National Committee Chairman—joins The Rich Zeoli Show to recap Donald Trump's event in Oaks, PA last night. Plus, Chairman Whatley offers an update on the state of the election. 4:15pm- While appearing on Roland Martin Unfiltered, Kamala “Galileo” Harris discussed astronomy and constellations, but at no point answered the question about crime that was posed to her. 4:30pm- According to the political betting platform Polymarket, Donald Trump now has a 58% chance of winning the 2024 presidential election. Plus, is Kamala Harris going to appear on Joe Rogan's podcast as part of an effort to appeal to male voters? 4:40pm- An incredible video of vice-presidential candidate Tim Walz resting a shotgun on his crotch while attempting to load it has gone viral on social media. There is no way that is comfortable… 5:00pm- The media is already making excuses—claiming that Kamala Harris might lose the 2024 presidential election because America is sexist! 5:10pm- On Monday night, Donald Trump participated in a town hall in Oaks, Pennsylvania. He answered questions from Pennsylvanians concerned about grocery prices, domestic manufacturing, inflation, and border security. He even mentioned Hannibal Lecter! 5:20pm- Jim Copenhaver and David Dutch—two men shot and wounded during the assassination attempt against Donald Trump in Butler, Pennsylvania—spoke with NBC News. Both men said they believe the Secret Service should have done more to prevent the shooting. 5:25pm- Democrats Run Away from Damaging Electric-Vehicle Push with Michigan up for Grabs. James Lynch of National Review writes: “Democratic politicians are distancing themselves from the Biden administration's electric-vehicle push to prevent the unpopular slate of subsidies and environmental regulations from tipping Michigan to their Republican opponents. Addressing rally-goers in Flint, Mich., earlier this month, Kamala Harris insisted that the Trump campaign is misrepresenting her record on electric-vehicle mandates…As a senator, Harris co-sponsored legislation introduced by Senator Jeff Merkley (D., Ore.), the Zero-Emission Vehicles Act of 2019, designed to transition the U.S. economy to electric vehicles by 2040. The legislation would require 50 percent of new-vehicle sales to be ‘zero-emission' cars by 2030 and all new-vehicle sales to be emission-free cars by 2040.” You can read the full article here: https://www.nationalreview.com/news/democrats-run-away-from-damaging-electric-vehicle-push-with-michigan-up-for-grabs/ 5:30pm- DOJ Tells Police, Fire Depar ...

This Day in Legal History: The Poll Tax is EliminatedOn January 23, 1964, a monumental moment in the evolution of American democracy occurred with the ratification of the 24th Amendment to the United States Constitution. This Amendment struck a decisive blow against a longstanding barrier to voting rights: the poll tax. The poll tax, a fee levied on voters at the time of an election, had long been a tool to disenfranchise particularly African American and poor white voters in various states.The roots of the poll tax in America trace back to the late 19th and early 20th centuries, primarily in Southern states. These states implemented the tax as a part of Jim Crow laws, designed to circumvent the 15th Amendment, which granted African American men the right to vote. By imposing a tax on voting, states effectively prevented a significant portion of the African American community, as well as many poor whites, from exercising their voting rights, as these groups often could not afford the fee.The battle against the poll tax in federal elections was part of a broader struggle during the Civil Rights Movement to achieve equal voting rights. Figures such as Martin Luther King Jr. and organizations like the NAACP played a crucial role in highlighting the injustices of voter suppression tactics, including the poll tax. The momentum for change was partly fueled by the broader context of the Civil Rights Movement, which brought national attention to the various ways in which African Americans were denied basic rights and freedoms.The passage of the 24th Amendment was a clear recognition of the fundamental principle that the ability to vote should not be contingent upon one's financial status. It reinforced the concept that such economic barriers to voting were incompatible with the ideals of American democracy. However, it's important to note that while the 24th Amendment abolished the poll tax in federal elections, it did not eliminate it in state elections, which was a gap later addressed by the Supreme Court in the 1966 decision in Harper v. Virginia State Board of Elections.The ratification of the 24th Amendment was more than a legislative change; it was a symbolic victory for civil rights and an affirmation of the ongoing fight for equality in the electoral process. It served as a precursor to the Voting Rights Act of 1965, further solidifying the legal framework that protected the voting rights of all Americans. The amendment stands as a testament to the idea that democracy is strengthened when it is made more accessible and inclusive, a principle that continues to resonate in contemporary debates over voting rights and electoral reforms.ExxonMobil Corp. has taken an unconventional legal step in its latest clash with activist investors over environmental concerns. The oil giant is suing Arjuna Capital and Follow This in an attempt to block their environmental and social investor proposals from being included in annual meetings. This approach, possibly the first of its kind, bypasses the usual Securities and Exchange Commission (SEC) objection process and takes the battle directly to federal court.The lawsuit, filed in the Northern District of Texas, challenges a shareholder proposal demanding Exxon accelerate its emission reductions. The proposal targets all scopes of greenhouse gas emissions, a similar ask to previous years' unsuccessful bids. Exxon argues that the proposal oversteps shareholder boundaries by attempting to dictate company operations.Legal experts see this move as a potential precedent-setter. If the court rules on broader environmental and social issues, it could open the door for more companies to use the judiciary to fend off similar proposals. This trend could extend to various sensitive topics, from climate risk to social issues.Traditionally, companies have turned to the SEC to block shareholder proposals, especially those deemed as ordinary business operations. However, the SEC has been more receptive to environmental and social proposals since 2021, reflecting a shift in regulatory stance.Exxon's complaint highlights a significant rise in shareholder proposals, particularly those focusing on environmental and social issues. Despite this increase, overall support for such proposals has decreased since 2021.The lawsuit raises fundamental questions about the role of shareholders in corporate governance. Exxon contends that the proposal infringes on management and board responsibilities, while critics argue that investor input is vital, especially on matters like climate change that materially impact business. This legal battle underscores the ongoing tension between corporate management and shareholder activism, particularly in the realm of environmental responsibility and governance.The escalation of Exxon's conflict with its shareholders to the courts brings into sharp relief the potential implications of the Supreme Court's stance on Chevron deference. Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., a landmark case, established that courts should defer to administrative agencies' interpretation of ambiguous statutes. The possible reconsideration or overturning of Chevron by the Supreme Court could significantly alter the landscape of regulatory decision-making. In this context, if the courts become more inclined to scrutinize and potentially overrule the judgments of regulatory bodies like the SEC, especially on matters of environmental and social governance, this could reshape the balance of power between corporations, their shareholders, and regulatory agencies. The Exxon case might thus be a harbinger of a broader shift in how environmental and corporate governance issues are adjudicated, moving away from regulatory bodies and into the judicial arena.Exxon Suit Seeks Novel Path to Block Shareholder Climate VotesThe U.S. Supreme Court has allowed U.S. Border Patrol agents to temporarily remove or cut razor-wire fencing installed by Texas along its border with Mexico. This 5-4 decision temporarily sets aside a lower court ruling that had prevented federal agents from disturbing the fencing. Chief Justice John Roberts and Justice Amy Coney Barrett, both conservatives, joined the three liberal justices in the majority, while Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh dissented.The razor-wire barrier, installed on private property along the Rio Grande river by the Texas National Guard as part of Operation Lone Star, was Texas' initiative to deter illegal border crossings. The operation, launched by Republican Texas Governor Greg Abbott in 2021, faced a legal challenge from the Biden administration, arguing that the barrier impedes Border Patrol agents' ability to monitor and respond to emergencies.Texas sued the administration in October 2023, claiming U.S. Customs and Border Protection agents were cutting or destroying the fencing. U.S. District Judge Alia Moses initially ruled that Texas's legal claims couldn't overcome the federal government's sovereign immunity, which shields it from civil lawsuits and criminal prosecution. However, the 5th Circuit Court of Appeals later blocked federal agents from interfering with the fencing, except in medical emergencies, suggesting Texas might prevail in its lawsuit.The Biden administration countered, stating the wire had not deterred migrants and that the new barriers hindered Border Patrol operations. The Supreme Court's decision has been welcomed by the White House, emphasizing the need for adequate resources and policy changes to address the immigration system. The administration is seeking a bipartisan agreement with Congress for additional resources and meaningful policy reforms.This issue, a point of contention between Republicans and Democrats, is expected to intensify ahead of the upcoming November elections, where President Biden seeks re-election. Republicans have been critical of Biden's immigration policies and the increasing illegal entries across the U.S.-Mexico border.US Supreme Court lets Border Patrol remove Texas razor-wire fencing - for now | ReutersApple is currently embroiled in a legal battle in the UK, where it has been hit with a lawsuit valued at approximately $1 billion. This lawsuit, representing over 1,500 app developers, accuses the tech giant of imposing unfair commissions, up to 30%, on app and content purchases through its App Store. The case is one of several legal challenges Apple faces in the UK.Sean Ennis, a competition law professor and former OECD economist, is leading the lawsuit, which was filed at the Competition Appeal Tribunal (CAT) last year. The suit alleges that Apple has abused its dominant market position, leading to overcharging UK-based app developers.In response, Apple is seeking to dismiss the case, arguing that 85% of developers on its App Store are exempt from paying any commission. The company's legal team contends that developers can only claim in the UK if they were charged for purchases made through the UK App Store, which applies to a minority of claimants.However, Ennis' legal team counters this argument, stating that Apple, by offering services to UK businesses in the UK market, is subject to UK law for the entire case. They argue that Apple's dominant position has led to overcharging, and therefore, the case is valid under UK jurisdiction.Apart from this lawsuit, Apple faces another mass lawsuit in the UK related to App Store commissions on behalf of around 20 million UK users, which was greenlit in 2022. Additionally, the company is dealing with a separate legal action regarding allegedly defective iPhone batteries, representing around 24 million iPhone users. Both cases are significant, and trials are not expected to begin before 2025. Apple is actively contesting both lawsuits.Apple bids to throw out $1 bln UK lawsuit over app store fees | ReutersIn my latest column, I delve into the critical issue of how tax policy influences skyrocketing executive compensation and its broader implications for wealth disparity. Despite the economic challenges of 2023, top executives in major companies continued to receive hefty salaries and bonuses, exacerbating the gap between the rich and the poor. This growing divide is partly attributed to the tax breaks that corporations enjoy, which have historically favored the upper echelons of corporate leadership.In the column, I argue for a reevaluation of the tax code to better align with societal objectives. One key proposal involves reforming tax breaks, specifically under Section 174, to introduce thresholds for executive compensation. This change is aimed at encouraging corporations to balance their financial objectives with their social responsibilities.I discuss the research and experimentation credit as a case study in how well-intentioned tax policies can inadvertently worsen income inequality. A significant portion of these tax savings ends up boosting executive pay, which undermines efforts to bridge the income gap. I suggest that companies lavishing large sums on executives should not benefit from taxpayer-funded support.Linking tax credits to executive compensation thresholds is presented in my column as a method to instill a sense of corporate responsibility and address wealth disparity. This approach forms part of a broader strategy that calls for transparency and a comprehensive review of the tax code to ensure tax expenditures are conducive to societal goals.I explore the economic literature that establishes a clear connection between corporate tax breaks and increased executive compensation. The column highlights that a notable percentage of every tax break dollar received by a firm contributes to the pay of its highest executives. Consequently, I propose a reform that would compel companies to balance the pursuit of conditioned tax credits against the cost of maintaining high executive pay, potentially fostering more equitable economic outcomes.The issue also intersects with racial and gender equity in corporate structures. The current tax policies disproportionately benefit white and male executives, further entrenching existing disparities. In conclusion, the proposed reform, as discussed in my column, transcends economic measures and represents a stride toward a more equitable society. This policy alignment could lead to a more rational and cohesive approach to societal investment, blending corporate success with a commitment to social justice.Use Tax Policy to Combat Skyrocketing Executive Compensation Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

Winsome Earle-Sears sent shock waves across Virginia and the country at large when she pulled off her stunning upset victory in November 2021 and became the first lieutenant governor of Virginia who is a woman, the first naturalized female citizen, the first female veteran elected to statewide office and who also happens to be black.  Not relying on identity politics, she earned intense national coverage because of her unwavering support for Second Amendment rights and her strong commitment to education opportunity for all students.  A devout Christian, Winsome believes in the promise of the American Dream. Her father was approved to immigrate to the U.S.A. and left Jamaica, arriving in America on August 11, 1963, with only $1.75 in his pocket. Winsome joined him when she was just six years old, and ever since has been on a mission of service with dozens of community groups ranging from leading a men's prison ministry and serving as director of a women's homeless shelter for the Salvation Army to serving as a hard-charging vice president of the Virginia State Board of Education. Her unyielding belief in the fundamental righteousness of America stands in stark opposition to the increasingly pervasive ideologies that are dividing the country. Instead, Winsome encourages Americans to never stop fighting for their country and shows us how to chart a new path forward. She concludes her recent memoir, How Sweet It Is, with this quote from  John L. Mason who once said,  “You're born an original. Don't die a copy.”  Definitely an original, Winsome has never ceased enthusiastically bucking conventions, defying expectations, and charging straight toward challenges. Join in this episode for a revealing and inspiring conversation with Winsome Earle-Sears. You will be hearing from her in the years to come. 

Civil Rights: May a state require student athletes to play on sports teams that align with the gender they were assigned at birth? - Argued: Fri, 27 Oct 2023 13:11:54 EDT

B.P.J. v. West Virginia State Board of Education

Chris Braunlich is the former Co-President and CEO of the Thomas Jefferson Institute for Public Policy, Virginia's non-partisan public policy foundation. He was appointed by Governor Bob McDonnell to the Virginia State Board of Education, where his colleagues elected him president of the Board. Produced by Show-Me Opportunity

Retired surgeon and former member of the Virginia State Board of Election, Dr. Clara Belle Wheeler joins John to talk about the current situation with voting machines and Former Senator Amanda Chase's concerns and possible write in campaign. 

Winsome Earle-Sears, Lieutenant Governor of the Commonwealth of Virginia, joins Liberty & Justice with Matt Whitaker Season 2, episode 17. This episode was recorded at CPAC.  Watch every episode of Liberty & Justice at http://www.whitaker.tv.Winsome Earle-Sears (https://www.ltgov.virginia.gov), a native of Kingston, Jamaica, immigrated to the United States at the age of six. She is proud to have served in the United States Marine Corps. In addition to her various appointments, she has served as the Vice President of the Virginia State Board of Education; and as a presidential appointee to the US Census Bureau, as co-chair of the African American Committee; and the Advisory Committee on Women Veterans to the Secretary of Veterans Affairs.Winsome was first elected in 2002 to a majority Black House of Delegates district, a first for a Republican in Virginia since 1865. She is the first female Lieutenant Governor of the Commonwealth of Virginia, and the first Black female elected to statewide office.A former program manager for the Hampton Roads Chamber of Commerce and VISTA volunteer, Winsome is a trained electrician and successful businesswoman. However, Winsome is most proud of her community work leading a men's prison ministry and as director of a women's homeless shelter. She holds a B.A. in English with a minor in Economics, and an M.A. in Organizational Leadership, with a concentration in Government. Winsome and her husband, Terence, have two daughters Katia and Janel, in addition to DeJon, and granddaughters Victoria and Faith, who are now looking into the face of God.Matthew G. Whitaker was acting Attorney General of the United States (2018-2019).  Prior to becoming acting Attorney General, Mr. Whitaker served as Chief of Staff to the Attorney General. He was appointed as the U.S. Attorney for the Southern District of Iowa by President George W. Bush, serving from 2004-2009. Whitaker was the managing partner of Des Moines based law firm, Whitaker Hagenow & Gustoff LLP from 2009 until rejoining DOJ in 2017. He was also the Executive Director for FACT, The Foundation for Accountability & Civic Trust, an ethics and accountability watchdog, between 2014 and 2017.   Mr. Whitaker is Author of the book--Above the Law, The Inside Story of How the Justice Department Tried to Subvert President Trump.  Buy Matt's book here: https://amzn.to/3IXUOb8Mr. Whitaker graduated with a Master of Business Administration, Juris Doctor, and Bachelor of Arts from the University of Iowa.  While at Iowa, Mr. Whitaker was a three-year letterman on the football team where he received the prestigious Big Ten Medal of Honor.Mr. Whitaker is now a Co-Chair of the Center for Law and Justice at America First Policy Institute and a Senior Fellow at the American Conservative Union Foundation. Matt is on the Board of Directors for America First Legal Foundation and is a Senior Advisor to IronGate Capital Advisors. He is also Of Counsel with the Graves Garrett law firm.  Whitaker appears regularly to discuss legal and political issues on Fox News, Newsmax and other news outlets.  He splits his time between Iowa, Florida and Washington, D.C. 

It's been 100 years since Virginia lawmakers created the Virginia State Board of Censors. The all-white board required edits to over 2,000 movies from the 1920s through ‘60s, and were especially concerned about depictions of race. Melissa Ooten with the University of Richmond wrote a book about the board. She sat down with VPM News reporter Ben Paviour to discuss her research.

There is a month and a week left until the summer solstice, and the time when the days begin growing shorter. Until then, there are now over 14 hours of sunlight in the section of the Earth on the day when the May 16 edition of Charlottesville Community Engagement is produced. That’s enough time to ensure that this newsletter and podcast at least tries to bring as much information as possible. I’m your host, Sean Tubbs. On today’s program:Charlottesville Planning Commission recommends a seven-story building on Jefferson Park AvenueA fatal crash on U.S. 29 near Greenbrier Road has claimed the life of a Charlottesville manAn Augusta County elections official is the latest appointee to the State Board of ElectionsA quick update on COVID-19 from the UnivToday’s first shout-out goes to LEAPWe’re now well into spring, and many of us may have already turned on our air conditioning units for the first in months. To see what you can do to get the most out of your home, contact LEAP, your local energy nonprofit, to schedule a home energy assessment this month - just $45 for City and County residents. LEAP also offers FREE home weatherization to income- and age-qualifying residents. If someone in your household is age 60 or older, or you have an annual household income of less than $74,950, you may qualify for a free energy assessment and home energy improvements such as insulation and air sealing. Sign up today to lower your energy bills, increase comfort, and reduce energy waste at home!COVID cases still increasing; UVA Health urges renewed maskingAs the week begins, the Virginia Department of Health this morning reports a seven-day average for new COVID-19 cases at 2,750 a day and the seven-day percent positivity has increased to 14.6 percent. The actual amount of spread is likely higher due to the number of home tests that have become common as a first diagnosis for many people. “There are many people calling saying they’re COVID positive and importantly and interestingly, a fair number of those people have been vaccinated,” said Dr. Costi Sifri, the director of hospital epidemiology for the University of Virginia Health System. With more cases in the community, UVA officials say its time to take precautions again.“Personally I’m masking back up and I think a lot of people are making the decision,” said Wendy Horton, the CEO of the UVA Health System. “It’s people that have been really careful, been vaccinated, and I think we’re just in this interesting time where we’re really tired of masking but I think it’s alive and well. We know it. We see it in our workforce. We see it in our patients.” The latest COVID model from the UVA Biocomplexity Institute was released on Friday. “Models forecast a significant surge of cases in the coming weeks,” reads the model. “Case rates are not expected to reach levels seen during the January wave. But they will likely exceed those seen in pre-Omicron waves.” Dr. Sifri said ebbs and flows are likely to continue as COVID-19 continues to transition from pandemic to endemic. He said the same public health advice exists. “In a period of time like now where we’re starting to see a surge in cases, this is the time to say okay, in this time and place right now, wearing a mask is helpful to prevent transmission,” Dr. Sifri said. “It’s also important because with COVID it still remains the case that probably half or more than half of cases are in people who are asymptomatic or have such mild symptoms that they don’t recognize that they’re sick.” This week the Virginia Department of Health is retiring several dashboards and ways of reporting COVID. People who seek to know cases by vaccination status will need to go to the Centers for Disease Control website. Cases and Deaths by Date Reported will also be phased out. The changes will take place on May 19. The VDH already has stopped reporting cases by locality on its website. Learn more about the changes on their website.Fatal crash on Seminole TrailAlbemarle County police are investigating the cause of a fatal crash last night in the 1200 block of U.S. 29 near Greenbrier Drive. Thirty-six-year old Justin Michael Tilghman of Charlottesville died at the scene of the crash which happened at 9:21 p.m. last night. The driver of a second vehicle was taken to the University of Virginia hospital. The Albemarle County Police Department’s Fatal Crash Reconstruction Team is leading the investigation. This is the fourth fatality on Albemarle County roads so far in 2022. Augusta County official named to State Board of ElectionsGovernor Glenn Youngkin has named a member of the Augusta County Board of Elections to serve on the Virginia State Board of Elections. Youngkin named Georgia K. Alvis-Long to the position. A press release identifies her occupation as a registered nurse instructor. Under Virginia law, the State Board of Elections is a five-member body that will have three members from the political party that won the Governor’s mansion in the last election. “Each political party entitled to an appointment may make and file recommendations with the Governor for the appointment,” reads Section 24.2-102 of Virginia Code.Alvis-Long fills a position left by the resignation of Jamilah D. LeCruise. For more recent appointments, take a look at the full release. Second shout-out: Charlottesville Jazz Society spotlighting benefit show for UkraineIn today’s second subscriber supported shout-out. The Charlottesville Jazz Society is spotlighting a benefit event to support the people of Ukraine at the Whiskey Jar this Wednesday from 6:30 p.m. to 10:30 p.m. Young jazz students near the besieged city of Mariupol sent guitarist Royce Campbell a plea to help, and several area musicians have jumped into help. Vocalist Monica Worth has organized the event, and Campbell will play for Ukraine with bassist Andre La Vell and drummer Jim Howe. Many of Charlottesville’s best jazz musicians will sit in. Donations will be collected and sent to Global Giving’s Ukraine Crisis Relief Fund, and you can also go ahead and support this effort with a payment online. That’s We Play for Ukraine at the Whiskey Jar this Wednesday from 6:30 p.m. to 10:30 p.m. Divided Planning Commission approves seven-story building on Jefferson Park Avenue A divided Charlottesville Planning Commission voted 4-3 on May 10 to recommend that City Council approve a special use permit for additional height and density for a seven-story U-shaped building at 2005 Jefferson Park Avenue.  They’ve also recommended reducing parking requirements by 22 percent over what would otherwise be required.“The [special use permit] is required to accommodate a development being proposed for 119-units of multifamily dwellings within one building with underground parking,” said city planner Matt Alfele. This project was filed after the city adopted a new Comprehensive Plan and Future Land Use Map created as part of the Charlottesville Plans Together initiative, which is still underway. There are currently 17 units across multiple structures across the property. “The Future Plan Use Map, the Comprehensive Plan that we went through, is increasing density and increasing density in certain areas of the city, and this area of the city is one that is looking to increase density and to increase density at especially this scale is going to create a big building,” Alfele said. The developer would pay $500,000 into the city’s affordable housing fund rather than provide required affordable units on-site or at another location nearby. They’ll build 125 parking spaces in an underground garage with access on Washington Avenue. Residents would not be eligible to park on that street or Observatory due to restricted parking. The building would be seven stories taller from JPA and would be five stories tall at the back. “The biggest concern I think staff had was the rear elevation, the five story building going down into the mainly single-family, two-family neighborhood,” Allele said. This request comes after City Council adopted a new Comprehensive Plan with a Future Land Use Map that encourages more residential density, but before the new zoning rules have been written. “Do you happen to know and can you remind me what in our Future Land Use map, what this area is designated as, and what the by-right height would be in that corridor?” asked City Councilor Michael Payne. “This is Urban Mixed Use Corridor and the height is five stories or up to eight at key intersections,” Alfele said. “This is one of the areas where our Comprehensive Plan land use conflicts with our current zoning because our Comprehensive land use map is anticipating our zoning changing. The Future Land Use Map measures in stories and not feet.” Under the existing zoning, the structure could be 35 feet tall without a permit. This is one of the areas that will be clarified in the zoning rewrite. The term “key intersection” is also currently not defined. Payne pointed out the Comprehensive Plan seeks to encourage more units that would be rented to people below market. “The framework that we’ve adopted for that is that if we’re going above the by-right height, the reason we’re doing that is to have an inclusionary zoning program that’s going to required affordable housing as part of that,” Payne said. Payne also suggested $500,000 as an affordable housing contribution would not go far. “I know it’s their choice and we don’t have any control over it but I would just note for the record that we got an affordable housing report that included data on the total subsidy needed to construct a new affordable unit, and I can’t remember the exact number but I know in Virginia that total subsidy to build one new unit could be around $300,000,” Payne said. Charlottesville Mayor Lloyd Snook noted that there had been a lot of concerns during the Future Land Use Map from other neighborhoods such as North Downtown, but he had not heard much from the JPA neighborhood at that time.“The one area where it seemed clear that everyone was willing to agree we should have increased density was along JPA yet there was no basically no public discussion of that fact,” Snook said. Until the rezoning is finalized, individual applications like this are the forum for how the city will look in the future. The project will need a certificate of appropriateness from the Entrance Corridor Review Board, which is also the Planning Commission. They’ll get to influence the design. The developer said the area was already predominantly occupied by renters, and that this level of density is served by transit. “We are one block away in each direction from the trolley stops,” said Erin Hannegan with Mitchell + Matthews Architects and Planners. Hannegan acknowledged the Future Land Use Map designation of Urban Mixed Use Corridor and said this project meets the goals of the Comprehensive Plan.“The further definition is ‘higher intensity mixed-use development’ for this area and that’s exactly what we’re trying to do,” Hannegan said. “A higher intensity development. Mixed use is not allowed under the R-3 mixed-use currently designated.” Hannegan acknowledged that the new building would be out of scale with what is currently there, but anticipated the future conditions of JPA.“This building might be taller than its current neighbors but it won’t be out of character with the future implementation of the Comprehensive Plan and the implementation of the vision that’s been in the works for over 20 years for this particular neighborhood,” Hannegan said. At the public hearing, Nina Barnes of the Jefferson Park Avenue Neighborhood Association said the Comprehensive Plan compels Council and the Planning Commission to take adverse effects into account when considering a special use permit. “Adverse impacts may include traffic or parking congestion, undue density and population, and massing and scale,” Barnes said. “This project has adverse effects in all of these ways.”Barnes said the seven-story building would block the sun from existing one and two story buildings.Ellen Contini-Morava said the staff reports seemed to be in favor of the developer, and noted the gap between an adopted Comprehensive Plan and older zoning. She said this undermines the spirit of the Cville Plans Together Initiative. “This application treats the rezoning that’s proposed in the Future Land Use Map as if it were already in place,” Contini-Morava said. “This application not only aims to short-circuit the rezoning process but even requests a height that is two stories higher than the five stories suggested in the Future Land Use Map for the JPA corridor.” Fifeville resident Matthew Gillikin spoke for the group Livable Cville, which is not a registered entity with the State Corporation Commission but is active in promoting higher density in the community. Gillikin said the answer to affordability in Charlottesville is more housing. “And the developer is planning to contribute nearly $500,000 to the Charlottesville affordable housing fund as a condition to build,” Gillikin said. “This will fund groups like [Charlottesvile Redevelopment and Housing Authority], LEAP, [Albemarle Housing Improvement Program], [Piedmont Housing Alliance], and Habitat for Humanity in the work to address local housing issues.” Gillikin said approval of this project would prevent students from moving into local neighborhoods such as Tenth and Page and Fifeville. These units would have no affordability provisions. For comparisons let’s look at the Standard, another building designed by Mitchell + Matthews Architects. According to their website, the lowest rent for a room in a four-bedroom unit goes for $1,029 a month. Double occupancy in a single bedroom in a three bedroom unit can go for $845 a month. One and two bedroom units in the Standard are sold out. Pricing is not available online for the Flats at West Village. The Lark on Main has a one bedroom unit with a study for $1,879 a month. A room in a four bedroom, four bathroom costs $955 a month. Garage parking is an extra $100. Commission discussionAfter the public hearing, Commissioner Hosea Mitchell said he supported the project, but did want the massing to be a little more consistent with the rest of the neighborhoods. “We do need more housing in Charlottesville and we do a bit of relief valve,” Mitchell said. “We need housing in Charlottesville that is closer to UVA so that the housing that is further away from UVA can be used by the rest of our citizenry,” Mitchell said. Commissioner Taneia Dowell said if the developer is going to additional density based on the future zoning for the property, the spirit of the Affordable Housing Plan must also be honored. “That’s where I’m really having some heartburn,” Dowell said. “If we’re going to go off future endeavors for this project and this special use permit, then we need to go off future endeavors for everything related to this.” Commissioner Jody Lahendro said he could not support this level of density in the area and especially with a building with that much massing. He said the Comprehensive Plan also calls for development on Entrance Corridors to be compatible with existing neighborhoods. “I am not in favor of sacrificing a long term neighborhood for providing student housing for the University,” Lahendro said. “I think the people who have lived here and the single-family homes in this neighborhood deserve… we can’t just pretend that they’re not there.” Commissioner Rory Stolzenberg said he was reviewing the permit request under existing rules and not looking ahead to the new zoning. Quoting the standards of review, he noted that the Commission must review whether a proposal would be “harmonious with existing patterns of use and development in the neighborhood.”“But it will shock you guys to learn that harmonious is not actually defined in the code so the question I think before us is whether a five-story building can co-exist near or next to even smaller buildings including detached houses,” Stolzenberg said. “I’d note there’s already a four and a half story building at the head of the street.” Bill Palmer is with the Office of the Architect at the University of Virginia and sits as a non-voting member of the Planning Commission. He said UVA is not in an era where they are being required by the Commonwealth of Virginia to increase enrollment. According to the UVA office of Institutional Research and Analytics, there was an on-Grounds enrollment in Fall 2021 of 16,793 undergraduates and 6,928 graduate students. (enrollment data)“If you look at our official projects, they are flat,” Palmer said. Palmer said UVA is building additional housing on Grounds, including a second new structure in the Brandon Avenue Corridor. He also said the UVA initiative to build up to 1,500 new affordable units in the community includes a site further down from 2005 JPA in Albemarle County at the Piedmont housing site. “In terms of having affordable housing close in the future, that will be a place where the University is trying to provide something,” Palmer said. Council thoughtsCouncil will have the final decision, but did not vote during what is their first reading.Councilor Payne said he was frustrated that the affordability rules of the future are not yet in place. “This happened with another [special use permit] a few weeks ago where we’re in this strange situation where we’re sort of evaluating the Future Land Use Map and zoning map rewrite in mind, but if we’re using that in our evaluation, that will include our framework of inclusionary zoning and affordable housing overlays which are critical to the success of that plan for affordable housing,” Payne said. Councilor Brian Pinkston said he is learning toward support because it did provide more housing close to the University of Virginia. “I’m not able to fully articulate how we square that with point number one which is whether it is harmonious,” Pinkston said. “To some degree I think harmoniousness might be in the eye of the beholder. I will say that in terms of how the design was laid out and that you have seven stories in the front and five stories in the back, I thought there was some care and attention to trying to integrate into the neighborhood.” Snook also said he had issues with the word “harmonious” and said the traditional form of land use control known as “Euclidean zoning” is not good at dealing with change. “It doesn’t allow for us to grow gradually from a little bit of density to a little bit more density,” Snook said. “It allows us to say okay, we’re going to rezone the entire block of the entire neighborhood but it doesn’t let us go bit by bit.” As the Entrance Corridor Review Board, the Planning Commission voted unanimously on a motion to acknowledge there would be an adverse impact, but those impacts can be mitigated through the design process. As the Planning Commission, they consider a motion made by Stolzenberg to recommend approval. The was 4-3 with Stolzenberg, Mitchell, Habbab, and Commission Chair Lyle Solla-Yates voting in favor. Lahendro joined Dowell and Commissioner Liz Russell in voting no.  Help Ting help support Town Crier productions!For one year now, Town Crier Productions has had a promotional offering through Ting!Are you interested in fast internet? Visit this site and enter your address to see if you can get service through Ting. If you decide to proceed to make the switch, you’ll get:Free installationSecond month of Ting service for freeA $75 gift card to the Downtown MallAdditionally, Ting will match your Substack subscription to support Town Crier Productions, the company that produces this newsletter and other community offerings. So, your $5 a month subscription yields $5 for TCP. Your $50 a year subscription yields $50 for TCP! The same goes for a $200 a year subscription! All goes to cover the costs of getting this newsletter out as often as possible. Learn more here! 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The Fifteenth Amendment (Amendment XV) to the United States Constitution prohibits the federal government and each state from denying or abridging a citizen's right to vote "on account of race, color, or previous condition of servitude." It was ratified on February 3, 1870, as the third and last of the Reconstruction Amendments. In the final years of the American Civil War and the Reconstruction Era that followed, Congress repeatedly debated the rights of the millions of former black slaves. By 1869, amendments had been passed to abolish slavery and provide citizenship and equal protection under the laws, but the election of Ulysses S grant to the presidency in 1868 convinced a majority of Republicans that protecting the franchise of black male voters was important for the party's future. On February 26, 1869, after rejecting more sweeping versions of a suffrage amendment, Congress proposed a compromise amendment banning franchise restrictions on the basis of race, color, or previous servitude. After surviving a difficult ratification fight, the amendment was certified as duly ratified and part of the Constitution on March 30, 1870. United States Supreme Court decisions in the late nineteenth century interpreted the amendment narrowly. From 1890 to 1910, southern states adopted new state constitutions and enacted laws that raised barriers to voter registration. This resulted in most black voters and many poor white ones being disenfranchised by poll taxes and discriminatory literacy tests, among other barriers to voting, from which white male voters were exempted by grandfather clauses. A system of white primaries and violent intimidation by white groups also suppressed black participation. In the twentieth century, the Court began to interpret the amendment more broadly, striking down grandfather clauses in Guinn v United States (1915) and dismantling the white primary system in the "Texas primary cases" (1927 thru 1953). Voting rights were further incorporated into the Constitution in the Nineteenth Amendment (voting rights for women) and the Twenty-fourth Amendment (prohibiting poll taxes in federal elections). The Voting Rights Act of 1965 provided federal oversight of elections in discriminatory jurisdictions, banned literacy tests and similar discriminatory devices, and created legal remedies for people affected by voting discrimination. The Court also found poll taxes in state elections unconstitutional under the Fourteenth Amendment in Harper v Virginia State Board of Elections (1966). Text. Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Section 2. The Congress shall have power to enforce this article by appropriate legislation.

In this episode - the first in a new series this year on testimonial privileges that can impede your efforts to depose witnesses - Jim Garrity explains the "legislative privilege," applicable to legislators and others who engage in legislative functions. It's not the same as "legislative immunity," and as with all privileges, there are ways to depose witnesses who can assert it. In this episode, there are fifteen cases cited in the show notes. If you can't see all fourteen, click through to our home page. (Some podcast sites don't accommodate longer show notes.) Thanks!SHOW NOTES:(Cases with an ** were published after this episode first aired and have been added to enhance the value of the show notes).Bogan v. Scott-Harris, 520 3U. S. 44, 53 (1972) (focus of the analysis is on the nature of the accused act; held, ordinance in question was legislative, because it reflected a discretionary, policymaking decision implicating the budget priorities of the city and the services the city provides to its constituents)McKnight v. Brown, et al., 2022 WL 488607, Case No. 120-cv-03678-PAB-SKC (S. D. Colo. Feb. 17, 2022) (plaintiff may not assert otherwise-valid Fifth Amendment privilege to avoid answering any deposition questions, such as background questions, questions concerning his criminal convictions (if any) consistent with Fed. R. Evid. 609; and questions regarding his damages and injuries claimed in the case)Bannum, Inc v. City of Beaumont, Texas, 236 F. Supp. 2d 633 (E. D. Texas December 12, 2002) (granting motion for protective order as to city clerk, city council, and planning and zoning commission, because discretionary decision on the issue - where a halfway house should best be placed - was a policy decision implicating the interests of the city as a whole)Bryan v. City of Madison, 213 F. 3D 267, 274 (5th Circuit 2000) (concluding that actions involving a decision to rezone a property were entitled to legislative immunity)Singleton V. Merrill, 2021 WL 5979516, Case No. 2:21-cv-1291-AMM, and 2:21- CV-1530 -AMM (immunity and privileges lost when legislators actively participated in litigation pertaining to legislation they helped draft)Gross v. Winter, 1989 WL 54866 (D.C. Circuit May 26, 1989) (District of Columbia Council member not entitled to absolute legislative immunity, because termination of legislative researcher was administrative, not legislative act)Rateree, et al. v. Rockett, et al., 852 F.2d 946 (7th Cir. 1988) (actions of city commissioners in approving budget decision to eliminate jobs were “legislative actions,” rather than administrative actions, and thus commissioners were entitled to absolute immunity)Forrester v. White, 108 S.Ct. 538 (1988) (termination of probation officer did not give rise to absolute immunity from suit)Page v. Virginia State Board of Elections, 15 F. Supp. 3d 657 (E. D. Virginia 2014) (legislative privilege did not apply to independently-contracted legislative consultant retained by a political party)Rodriguez v. Pataki, 280 F. Supp. 89 (S. D. N.Y. 2003) (collecting cases on the contours of the concept of legislative immunity and privilege; immunity and privilege are distinct concepts; privilege not always absolute)Marylanders for Fair Representation, Inc. v. Schaefer, 144 F.R.D. 292 (D. Maryland 1992) (mixing concepts of immunity and privilege, referring to protection for legislators as “testimonial legislative immunity”)Trammel v. United States, 445 U.S. 40, 50 (1980) (discussing the impact of privileges on litigation, and observing that testimonial privileges should be very narrowly construed)Florida Association of Rehabilitation Facilities, Inc. v. State of Florida, Department of Health and Rehabilitation, 164 F.R.D. 257 (N. D. Fla. 1995) (analyzing differences between legislative immunity and testimonial privileges)E. E. O. C. v. Washington Suburban Sanitary Commission, 631 F. 3d 174 ( 4th Circuit 2011) (employment in personnel decisions by legislators are generally administrative acts and not protected by legislative immunity and privilege)Hicks v. Mount Airy-Surrey County Airport Authority, 2015 WL 8484453 (M. D. North Carolina 2015) (termination and nonrenewal of leases at airport was not legislative in nature because the decisions affect specific individuals rather than involving the formulation of broad policy or the adoption of perspective, legislative-type rules that affect the general policy affecting the larger population) **League of United Latin American Citizens, et al. v. Eddie Bernice Johnson, et al., No. EP21-CV-00259-DCG-JES-JVB, 2022 WL 1570858 (W.D. Tex. May 18, 2022) ( rejecting effort by Texas legislators to avoid deposition through invocation of legislative privilege; excellent discussion of the doctrine's contours)

A prisoner suing the Virginia Department of Corrections for refusing to allow him to take medication for his opioid dependency is asking a federal appeals court to hear his case. He claims the department's policy violates the Americans with Disabilities Act; The Virginia State Board for Community Colleges approved changing the name of John Tyler Community College to Brightpoint Community College; As the fall semester approaches, universities in the area are mixed on whether they should require their students to get the COVID-19 vaccine; and other local news stories.

Join us for an insightful discussion on the state of the Hispanic school administrator pipeline and what sort of supports, are needed to expand and accelerate the numbers. Follow on Twitter:  @SuptDuran @aesanetwork @AASAHQ @AASADan @bamradionetwork @jonHarper70bd Dr. Francisco Durán is the Superintendent of the Arlington public schools in Arlington, Virginia, and the president of the association of Latino administrators and superintendents (ALAS). He served as the Chief Equity Officer for Fairfax County Public Schools. In Fairfax, Dr. Durán's work as an equity leader was driven by his background and commitment to support all students. He helped develop, initiate and implement the “One Fairfax” policy to close opportunity, access and achievement gaps, a joint social and racial equity policy with Fairfax County. In 2018, Dr. Durán was appointed to the Virginia State Board of Education where he played a key role in the adoption of the new Standards of quality for Virginia. As an educational leader, Dr.Durán has worked passionately to ensure that all students receive a quality education that will equip them with the skills needed for post-secondary education and employment in today's ever-changing world.

Winsome was elected to a majority Black legislative district! No other Republican has done that in Virginia since 1865: She consequently also became the first (and still only) Black Republican woman elected to the House, the first female veteran, and the first legal immigrant woman. Winsome is a mother, wife and is proud to have served in the United States Marines. She was also a hard-charging Vice President of the Virginia State Board of Education and received presidential appointments to the US Census Bureau (where she co-chaired the African American Committee) and the Advisory Committee on Women Veterans to the Secretary of Veterans Affairs. In addition to her Masters degree, Winsome also built a successful business as a trained electrician and understands the importance of helping small businesses thrive. However, Winsome is most proud of her community work leading a men’s prison ministry and as director of a women’s homeless shelter for The Salvation Army. Winsome is running to preserve the Republican Party principles of maintaining our values of human life and dignity, equal opportunity, protecting our Second Amendment rights, less taxes, encouraging entrepreneurship, and educational choice. Winsome understands the importance of expanding the Republican Party of Virginia to include new voters, such as building relationships with the Hispanic community and bringing conservative African Americans into the Republican Party. Source: https://winsomesears.com

Will is joined by UChicago law professor Genevieve Lakier to discuss what she likes about Virginia State Board v. Virginia Consumer Council as a First Amendment case, whether money is speech, and how we could regulate political speech and lies.Audio clips from the case argument and opinion are from Oyez.org (https://www.oyez.org/cases/1975/74-895)

As a Vice President at Pinkston, D.J. leads a team of experienced strategists, writers and designers in creating and implementing strategic communications campaigns for corporations, nonprofit organizations, advocacy groups and individual thought leaders.D.J. brings a unique perspective to client campaigns, having worked for major news outlets as well as in various communications leadership roles in the federal government. His unique ability to fuse these two perspectives means he knows what kinds of stories reporters and the public find compelling, and he knows how to help leaders tell their stories in an effective way whether it’s in print, on screen or in person. Prior to joining Pinkston, D.J. was communications director for a U.S. Senator, communications director for the U.S. House Committee on Small Business, and press secretary for a U.S. Representative. He previously worked at both CNN and Fox News, where as an assignment editor and producer he helped develop coverage of breaking and featured news.D.J. earned a bachelor’s degree in broadcast communications from Liberty University, and a master’s degree in public management from The Johns Hopkins University. He has served on the boards of several state and nonprofit agencies focused on family issues, including the Virginia State Board of Social Services and Virginia’s Kids Belong, which advocates for children in the foster care system.

This installment of the show comes with support from readers and listeners who have opted to make a contribution to keep it going. There’s Patreon to fund my general research, Substack for this newsletter and occasional enhanced content, and Venmo for a one-time payment. I’ll even take checks! Contact me for details. *The Virginia Department of Health is reporting its highest one-day total of COVID cases this morning, but there’s a caveat. “The 2,677 case count reported on Monday, November 16 is due to a catch-up from the VDH data system being down for upgrades for a few hours over the weekend,” reads a statement on the VDH portal, which goes on to direct people to look at the metrics in a different way. “In order to observe the spread of illness most effectively, please review the charts that show cases by date of symptom onset,” the statement continues. With this new information, the seven day average for new daily cases is now 1,594. The seven-day rate for positive tests statewide has increased to 7.3 percent up from 7 percent on Sunday, and 6.1 percent last Monday. In the Blue Ridge Health District, there are another 41 cases reported today, with 16 from Charlottesville, 14 from Albemarle, four from Louisa, three from Fluvanna, three from Greene and three from Nelson. The percent positivity for PCR tests in the district increased to 2.7 percent from 2.5 percent Sunday. The percent positivity for all tests is 3.2 percent, up from 3 percent yesterday. *City Council tonight will discuss options to help reduce speeding on 5th Street, which has been the scene of several fatal accidents in recent years. A petition to change the character of the street now has over 1,400 signatures. One option is to build a roundabout in the middle of a long stretch of a four lane divided highway. The topic also came up at Council’s budget work session on November 12.  (read Duncan’s report)“That is kind of an interim solution to try and calm some of the traffic and break up the long straightaway that’s there,” said Brennen Duncan, the city’s traffic engineer. “That would go just north of where Bailey us, kind of where the community gardens are today.”Duncan said the owner of an undeveloped property to the west would be interested in donating land as long as they were able to get vehicular access to the roundabout. He said this is just an idea now and would need further research if Council wanted to move forward. Duncan estimated the roundabout would cost between $3 million and $4 million. In his staff report, Duncan said there are other options to reduce speeds.“We don’t really have a traffic problem, or a speeding problem for the majority of traffic, but we do have a long straight roadway that will allow people to get up to speed if they choose,” Duncan said. Last Thursday Councilors were asked to give staff direction on their appetite for tax increases to pay for increased capital spending, or whether they should make cuts to previously approved programs in order to stay within the city’s debt capacity. Read the first part of this story from Friday’s newscast. However, Council did not make any decisions about what to do because they said they need more information. In summary, the elected officials said they know they will need to make cuts, but need more information about how to proceed. Here’s Vice Mayor Sena Magill. "There is no way that we're getting out of this without cutting things that we all care about tremendously," Magill said. Council meets later today, but will also meet on Friday to further discuss the budget. Those with paid subscriptions will get a more detailed version of this story later on today, and it will be posted on infocville.com before Friday. *Today in meetings:    The Virginia State Board of Elections meets today at 1 p.m. to certify the election. (agenda)Albemarle County will hold the second of two information meetings for property owners within the scope of the proposed Rio Road form-based zoning code. This virtual meeting begins at noon. This is not the last time we’ll hear about this proposal this week. (meeting info)The Albemarle Architectural Review Board meets at 1 p.m. The only item listed on the agenda is a decision over what blocks in the Brookhill development should come before the panel for review. Brookhill was rezoned in November 2016 and will bring between 600 and 800 homes. This is a good chance to get an update on where the project stands.  (meeting info)Places 29 Hydraulic Community Advisory Committee meets at 5:30 p.m. There will be a presentation entitled “Neighborhood Strength: Lessons from Bamboo Grove”, referring to a recent rezoning in Crozet. Then the group will get updates on the county’s housing policy, and an update on efforts to increase broadband access.  (meeting info)The Village of Rivanna Community Advisory Committee meets virtually for the first time since the pandemic. They’ll get an update on the “development dashboard” updated by county planners. The Breezy Hill rezoning is not on the agenda, but could conceivably come up in conversation. (meeting info) This is a public episode. Get access to private episodes at communityengagement.substack.com/subscribe

Fueled by his passion for community, Dr. Wes Bellamy became the youngest-ever individual to be elected to the Charlottesville City Council in 2015. He brought equity-minded leadership during the time Charlottesville drew national attention in the conversation about public space and racial reconciliation. Throughout his time as Vice Mayor and a member of the Virginia State Board of Education, Dr. Bellamy has supported countless education and community programs that teach youth about the true power they hold. Dr. Bellamy is motivated by his community and puts his mantra into practice daily: step up and be the change you need. "The Leaders' Table" is a podcast by Leadership for Educational Equity.  Go to http://info.EducationalEquity.org/LeadersTable for an episode transcript and complete show notes.

With Congress in August recess, we take a break from our usual policy focused conversations and host interviews with leaders we admire. This week, Chelsea Patterson Sobolik sits down with D.J. Jordan, a communications professional with the Pinkston Group.Guest BiographyD.J. Jordan is a Vice President at Pinkston where he leads a team of experienced strategists, writers and designers in creating and implementing strategic communications campaigns for corporations, nonprofit organizations, advocacy groups and individual thought leaders. D.J. has worked for major news outlets as well as in various communications leadership roles in the federal government. Prior to joining Pinkston, D.J. was communications director for a U.S. Senator, communications director for the U.S. House Committee on Small Business, and press secretary for a U.S. Representative. He previously worked at both CNN and Fox News, where as an assignment editor and producer he helped develop coverage of breaking and featured news. D.J. earned a bachelor's degree in broadcast communications from Liberty University, and a master's degree in public management from The Johns Hopkins University. He has served on the boards of several state and nonprofit agencies focused on family issues, including the Virginia State Board of Social Services and Virginia's Kids Belong, which advocates for children in the foster care system.Resources from the ConversationConnect with D.J. at PinkstonWatch D.J. at an ERLC event | Caring for the Stranger: Immigrants, Refugees, and the Response of the ChurchWatch D.J. at an ERLC event | Be a Voice for Life: Developing a Compelling Pro-Life MessageSubscribe to ERLC's Policy NewsletterSubscribe to ERLC's The Weekly

Resources:Scottsville election results from Virginia State Board of ElectionsJefferson Madison Regional Library COVID-19 responseMay 21 InsideNova article on requests to open up restaurants in Prince William CountyInformation for May 22, 2020The total number of deaths in Virginia has increased to 1,136, according to numbers released this morning by the state Department of Health. There have been 34,950 total cases with around 4,145 hospitalizations. There have been 223,433 “testing encounters” using a method known as PCR testing, with a 14.7 percent positive testing rate. Health districts in Northern Virginia continue to have higher rates of infection. There has been another COVID-19 related death in the Thomas Jefferson Health District, according to numbers posted this morning. The total number of deaths here is now 14. There were seven new cases reported for a total of 401 in the district.  On Saturday, May 23, the Thomas Jefferson Health District will hold coronavirus testing clinics at two locations from 10 a.m. to 4 p.m. These are focused on communities of color and the events are being conducted at Mount Zion First Baptist Church and the Jefferson School City Center. There is no appointment necessary and there is a limited amount of tests. For more information, call 434-972-6261.

Clarabelle Wheeler has served for many distinguished years on the Virginia State Board of Elections and she shares a few reasons the Attorney General's deal no no longer require that absentee votes be witnessed is problematic.

#Andrew Ko, Managing Director for Global Education and Workforce, Amazon Web Services, AWS. Andrew is the Managing Director of Global Education and Workforce at Amazon Web Services. His focus is driving innovation and workforce development by increasing adoption of cloud-based programs and solutions in the US and internationally. He leads transformation at state and country-levels, helping create the next generation of learners and innovators. Prior to joining Amazon, Andrew was the Corporate Vice President of Samsung Global Education and the European B2B division, based in South Korea, where he launched mobile learning solutions for Education in Croatia, India, Italy and the U.S. Prior to Samsung, Andrew was the General Manager for Microsoft Corporation's U.S. Education business where he led the Partners in Learning team creating new and innovative ways for teaching and learning. He also led the White House ConnectED initiative shaping a public-private partnership model to provide technology and internet access to millions in school. Andrew has several political appointments: In January 2014, Governor Terry McAuliffe appointed Andrew as a member of the Virginia State Board of Education, and in 2016, he was appointed to Virginia's School Readiness Committee for improving the early childhood education workforce in the Commonwealth. In 2018, Governor Ralph Northam appointed Andrew to the Online Virginia Network Authority, which aims to provide individuals with opportunities to earn online degrees and postsecondary education credentials. Andrew also serves on several boards, including the Northern Virginia Community College Foundation board and the Fairfax County Public Schools Foundation https://aws.amazon.com/education/awseducate/ Sponsor: Fairfax City Host: Cindy Gurne

He brought 45 First Amendment cases to the United States Supreme Court between 1939 and 1955. His success rate before the court was second only to future Supreme Court Justice Thurgood Marshall. He handled as many as 50 major cases a year and is responsible for much of the First Amendment doctrine we take for granted today. Who was this man — and why have most free speech scholars and activists never heard of him? On today’s episode of So to Speak: The Free Speech Podcast, we discuss the life and legacy of Hayden C. Covington, who for many years was legal counsel for the Jehovah’s Witnesses. We are joined by distinguished First Amendment scholar and recurring So to Speak guest Ronald K.L. Collins. Collins is the author of the Florida International University Law Review article “Thoughts on Hayden C. Covington and the Paucity of Litigation Scholarship.”  Show notes: Podcast transcript Video of podcast interview “Thoughts on Hayden C. Covington and the Paucity of Litigation Scholarship” by Ronald K.L. Collins Cases discussed: Minersville School District v. Gobitis (1940), Chaplinksy v. New Hampshire (1942), West Virginia State Board of Education v. Barnette (1943), Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council (1976) Ronald K.L. Collins’ First Amendment News “First Things First: A Modern Coursebook on Free Speech Fundamentals” by Ronald K.L. Collins, Will Creeley, and David Hudson (managing editor, Jackie Farmer) “We Must Not Be Afraid to Be Free: Stories of Free Expression in America” by Ronald K.L Collins & Sam Chaltain www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org

On March 18, 2019, the Supreme Court heard argument in Virginia House of Delegates v. Bethune-Hill, a case considering racial gerrymandering claims in the the redistricting of Virginia House of Delegates districts. In 2011, the Virginia House of Delegates redrew the 100 Virginia House of Delegates districts. Under the plan, each district was required to have 80,000 residents. Under the 2001 plan, there were twelve districts with a majority black voting age population (BVAP). These districts did not meet the 80,000 resident requirement for the 2011 plan, which meant that “any new plan required moving significant numbers of new voters into these districts in order to comply with the principle one person, one vote.” Title 52 U.S.C. § 10304--section 5 of the Voting Rights Act (VRA)--required that any new plan not “diminish the number of districts in which minority groups can ‘elect their preferred candidates of choice.’” To ensure that at least twelve districts remained, the House of Delegates proposed that the twelve majority-minority districts were required to have a minimum 55% BVAP in the 2011 plan. The bill was passed and signed into law.In 2014, registered voters in the twelve majority-minority districts filed suit against the Virginia State Board of Elections, claiming racial gerrymandering in violation of the Fourteenth Amendment. In 2015 the three-judge district court ruled that race was not a predominant factor in the construction of 11 of the 12 challenged districts, but did predominate in one district, (District 75), though in that situation strict scrutiny was satisfied. In 2017, the U.S. Supreme Court affirmed the district court’s judgment with respect to District 75 but vacated the judgment as to the other 11 districts and remanded the case, concluding that the district court had relied on a flawed standard when assessing whether race predominated.On remand, the three-judge district court concluded that race predominated in the drawing of all 11 districts and that none satisfied strict scrutiny. The Virginia House of Delegates appealed to the Supreme Court for further review, raising various concerns regarding the district court’s predominance and strict scrutiny analyses, as well evidentiary issues. For their part the appellees sought dismissal of the appeal for lack of jurisdiction, and the Court directed the parties to address whether the House of Delegates lacked standing to bring this appeal. To the discuss the case, we have Scott Keller, Partner at Baker Botts.

On March 18, 2019, the Supreme Court heard argument in Virginia House of Delegates v. Bethune-Hill, a case considering racial gerrymandering claims in the the redistricting of Virginia House of Delegates districts. In 2011, the Virginia House of Delegates redrew the 100 Virginia House of Delegates districts. Under the plan, each district was required to have 80,000 residents. Under the 2001 plan, there were twelve districts with a majority black voting age population (BVAP). These districts did not meet the 80,000 resident requirement for the 2011 plan, which meant that “any new plan required moving significant numbers of new voters into these districts in order to comply with the principle one person, one vote.” Title 52 U.S.C. § 10304--section 5 of the Voting Rights Act (VRA)--required that any new plan not “diminish the number of districts in which minority groups can ‘elect their preferred candidates of choice.’” To ensure that at least twelve districts remained, the House of Delegates proposed that the twelve majority-minority districts were required to have a minimum 55% BVAP in the 2011 plan. The bill was passed and signed into law.In 2014, registered voters in the twelve majority-minority districts filed suit against the Virginia State Board of Elections, claiming racial gerrymandering in violation of the Fourteenth Amendment. In 2015 the three-judge district court ruled that race was not a predominant factor in the construction of 11 of the 12 challenged districts, but did predominate in one district, (District 75), though in that situation strict scrutiny was satisfied. In 2017, the U.S. Supreme Court affirmed the district court’s judgment with respect to District 75 but vacated the judgment as to the other 11 districts and remanded the case, concluding that the district court had relied on a flawed standard when assessing whether race predominated.On remand, the three-judge district court concluded that race predominated in the drawing of all 11 districts and that none satisfied strict scrutiny. The Virginia House of Delegates appealed to the Supreme Court for further review, raising various concerns regarding the district court’s predominance and strict scrutiny analyses, as well evidentiary issues. For their part the appellees sought dismissal of the appeal for lack of jurisdiction, and the Court directed the parties to address whether the House of Delegates lacked standing to bring this appeal. To the discuss the case, we have Scott Keller, Partner at Baker Botts.

Join us as Herbie Newell talks with Darrell Jordan about adoption and foster care. D.J. Jordan is the Communications Director in the Office of United States Senator James Lankford (Okla.). Prior to coming to Capitol Hill in 2008, D.J. worked in broadcast journalism at CNN and then Fox News. He obtained a Bachelors of Science in Communications from Liberty University and a Masters in Public Management from The Johns Hopkins University. In 2016, he completed a four-year term on the Virginia State Board of Social Services, which overseas the foster care system and welfare programs in Virginia. D.J. has spoken at Christian Alliance for Orphans events for several years. He and his wife, Glorya, have four children, and have fostered and also adopted from foster care Subscribe on iTunes | Stitcher Email: info@lifelinechild.org Facebook: http://www.facebook.com/lifelinechild Twitter: @lifelinechild Instagram: lifelinechild

On March 1, 2017, the Supreme Court decided Bethune-Hill v. Virginia State Board of Elections. Plaintiffs in Bethune-Hill each resided in one of twelve newly proposed majority-minority districts for the Virginia Legislature, created to satisfy Section 5 of the Voting Rights Act (VRA), which requires that any new districting plan must ensure that there be no “retrogression” in the ability of racial minorities to elect the candidate of their choice. Plaintiffs argued that the new districts constituted racial gerrymanders that violated the Equal Protection Clause of the Fourteenth Amendment. A three-judge panel of the U.S. District Court for the Eastern District of Virginia disagreed, holding that the plaintiffs had failed to establish that race was the predominant factor in the creation of 11 of the 12 challenged districts. The district court also held that, although race was the predominant factor in the creation of one district--District 75--the state legislature had satisfied the requirements of a compelling state interest and narrow tailoring. -- On appeal to the United States Supreme Court, plaintiffs argued that the district court panel erred in a number of respects, including in determining that that race could not predominate unless its use resulted in an “actual conflict” with traditional districting criteria. Plaintiffs also argued that the use of race in drawing House District 75 was not narrowly tailored to serve a compelling government interest. -- By a vote of 7-1, the Supreme Court affirmed the judgment of the district court panel in part, vacated it in part, and remanded the case. In an opinion delivered by Justice Kennedy, the Court held that the district court panel had employed an incorrect legal standard to determine whether race predominated, noting that challengers are permitted to establish racial predominance in the absence of an “actual conflict” by presenting direct evidence of the legislative purpose and intent or other compelling circumstantial evidence. The Court rejected Plaintiffs’ challenge to District 75, however, determining that the legislature’s action ultimately survived strict scrutiny. -- Justice Kennedy’s majority opinion was joined by the Chief Justice and Justices Ginsburg, Breyer, Sotomayor, and Kagan. Justice Alito filed an opinion concurring in part and concurring in the judgment. Justice Thomas filed an opinion concurring in the judgment in part and dissenting in part. -- To discuss the case, we have Jack Park, who is Of Counsel at Strickland Brockington Lewis LLP.

On December 5, 2016, the Supreme Court heard oral argument in McCrory v. Harris and Bethune-Hill v. Virginia State Board of Elections. In these related cases, the Court considered redistricting plans introduced in North Carolina and Virginia after the 2010 census. -- Plaintiffs in McCrory argued that North Carolina used the Voting Rights Act’s “Black Voting Age Population” requirements as a pretext to place more black voters in two particular U.S. House of Representatives districts in order to reduce black voters’ influence in other districts. The district court determined that the redistricting plan was an unconstitutional racial gerrymander that violated the Equal Protection Clause because race was the predominant factor motivating the new plan. -- Plaintiffs in Bethune-Hill each resided in one of twelve newly proposed majority-minority districts for the Virginia Legislature, created to satisfy Section 5 of the Voting Rights Act (VRA), which requires that any new districting plan must ensure that there be no “retrogression” in the ability of racial minorities to elect the candidate of their choice. They argued that the new districts constituted racial gerrymanders that violated the Equal Protection Clause of the Fourteenth Amendment. The district court held that the plaintiffs did not establish that race was the predominant factor in the creation of 11 of the 12 challenged districts. The district court also held that, although race was the predominant factor in the creation of one district, the General Assembly was pursuing a narrowly tailored compelling state interest in creating it. -- In McCrory, appellants contend the lower court decision against them erred in five critical ways: (1) presuming racial predominance from North Carolina's legitimate reliance on Supreme Court precedent; (2) applying a standard of review that required the State to demonstrate its construction of North Carolina Congressional District 1 was “actually necessary” under the VRA instead of simply showing it had “good reasons” to believe the district, as created, was needed to foreclose future vote dilution claims; (3) relieving plaintiffs of their burden to prove “race rather than politics” predominated with proof of a workable alternative plan; (4) clearly erroneous fact-finding; and (5) failing to dismiss plaintiffs' claims as being barred by claim preclusion or issue preclusion. Appellants further argue that, in the interests of judicial comity and federalism, the Supreme Court should order full briefing and oral argument to resolve the split between the court below and the North Carolina Supreme Court which reached the opposite result in a case raising identical claims. -- The Bethune-Hill appellants also assert five errors by the lower court: (1) holding that race cannot predominate even where it is the most important consideration in drawing a given district unless the use of race results in “actual conflict” with traditional districting criteria; (2) concluding that the admitted use of a one-size-fits-all 55% black voting age population floor to draw twelve separate House of Delegates districts did not amount to racial predominance and trigger strict scrutiny; (3) disregarding the admitted use of race in drawing district lines in favor of examining circumstantial evidence regarding the contours of the districts; (4) holding that racial goals must negate all other districting criteria in order for race to predominate; and (5) concluding that the General Assembly's predominant use of race in drawing House District 75 was narrowly tailored to serve a compelling government interest. -- To discuss the case, we have Jack Park, who is Of Counsel at Strickland Brockington Lewis LLP.

On December 5, the U.S. Supreme Court will hold oral arguments on two redistricting cases, Bethune-Hill v. Virginia State Board of Elections and McCrory v. Harris. After the movement of population, both Virginia and North Carolina legislatures redrew plans for their state legislative districts. However, plaintiffs in each state challenged the plans as racial gerrymanders diluting the vote of African-American voters. Both cases raise the question of how to comply with the Voting Rights Act requirement that racial minorities have the ability to elect representatives of their choice, along with the Constitutional prohibition of race predominating in the drawing of plans. The Court will be also be asked to clarify the acceptable ways to consider minority populations in drawing plans, what plaintiffs need to show to prove a racial gerrymander, and what would trigger strict scrutiny. -- Featuring: Ms. Maya M. Noronha, Associate, Baker & Hostetler LLP.

The Supreme Court will decide in December whether the Virginia Board of Elections is guilty of racial gerrymandering. The case, Bethune-Hill v. Virginia State Board, could result in yet more re-districting before 2017. We'll discuss the effect that re-districting has already had on Virginia, and how the SCOTUS' decision will affect voting in Virginia in the future.

Isaac Peck at WorkingRE broke a story this week concerning CoasterVMS and the State of Virginia.  As it turns out, Coaster is suing the Virginia State Board to force an acceptance of their AMC charter.  We explore it here.