Cuccinelli vows as Va. AG to defend conservatism

Virginia Attorney General-elect Kenneth T. Cuccinelli II is known for speaking his mind.

As he prepares next month to be sworn in as the top attorney for the state, nothing has changed. For those concerned that the attorney general-elect is going to embrace his conservative principles and take on anyone who opposes those beliefs — even the federal government — Mr. Cuccinelli said they are right to be concerned.

“If they’re worried that I’m going to sue the federal government, their worry is well-placed,” Mr. Cuccinelli said.

In the Republican state senator’s acceptance speech after winning the election in November, he promised to fight for Virginians — even if that meant taking on the federal government on controversial issues such as the union organizing system known as card check.

“Normally there is a fight over a bill in Congress, and if it passes it goes to the president and if he signs that bill, that’s typically the end of the fight,” he said. “But I’ve got news for you. If we see an overreaching bill like card check, the president’s signature won’t be the last fight on that bill.”

Mr. Cuccinelli said that under his leadership the attorney general’s office will include a group focused on examining federal laws. He said the group, which will be small so as not to impact on other priorities, won’t be looking at previous laws but rather those going forward that impact Virginians.

It is not that Mr. Cuccinelli wants to assert greater states’ rights, he said, but he would like to shrink the size and intrusion of the federal government. So, for instance, if the current balance of power between federal and state government is 10 to one in favor of the federal government, he would like to see that ratio tighten to five to one.

“The devil’s in the details,” he said, adding that he will wait until after a federal law is passed and determine whether it impinges on the rights of Virginians and whether the state has standing to sue the federal government.

“We’re looking for opportunities to right the constructional balance, which is in my view currently out of balance,” Mr. Cuccinelli said.

Asked whether that would make him an activist, Mr. Cuccinelli said he sees himself more in a preservationist or conservationist role.

He said he thinks there is a court fight coming over the state’s gay marriage laws. Virginians voters approved a constitutional amendment in November 2006 that defines marriage as between a man and a woman. Mr. Cuccinelli also said he will defend the state’s 2003 law that bans partial birth abortion if it comes before the U.S. Supreme Court during his tenure. A priority for him will be working to reform the laws to eliminate redundancies and inconsistencies in the way state health officials interact with mentally ill patients. Mr. Cuccinelli said he will also continue Robert F. McDonnell’s anti-gang initiatives.

The conservative Republican said the news should come as no surprise.

“For starters, I’m consistent,” he said. “I’m not sneaking up on people with this. I’ve been saying it for a year and a half. I tried to give voters a very clear choice,” he said.

He is studying how the attorney general’s office runs and figuring out his plans, especially as he deals with the very real possibilities of a diminished budget.

It remains to be seen how many employees of the attorney general’s office will be tapped by Mr. McDonnell, the Republican governor-elect who served as attorney general before February when he resigned to run for governor.

Story Continues →