Restoring Process Over Politics

by Shaun Kenney

Over the last eight years, Virginia Democrats have been swift to impose their will in violation of political process — a fact that continues to frustrate Virginia Republicans on fronts as wide as economic shutdowns, mask mandates, the tearing down of history and war memorials, the imposition of Critical Race Theory in government schools, and the enforcement of gender ideology in state government.

The list is long and needs to be truncated quickly.

Republicans acted in November, and with the election of Republican Governor Glenn Youngkin there was the hope that incoming Republicans would act with the swiftness and speed demonstrated by the Democrats.

Yet Youngkin has walked into a few checkpoints. Rather than run over top of them, Youngkin has chosen not to de-escalate but adjust on at least two fronts — namely Northam’s cap-and-trade schematic under RGGI and on repealing the mask mandates.

But notice the play here.
Virginia Democrats are eager if not bloodthirsty to dent the Youngkin administration early. Blocking a nomination, calling Youngkin a racist for saying Norfolk State is a great fine arts school (SPOILER ALERT: it is), causing chaos with mask mandates, or throwing up roadblocks whether it is on staff or policy changes — Republicans consistently forget that Democrats own 5 of the 7 institutions all eager to end the honeymoon.

The gambit from the left is to block something that matters to conservatives so as to create division among our own.

Yet the task at hand for Youngkin and Miyares isn’t to pay the Democrats back in their own coin.

The wider task is twofold. First, it is to rewind much of the institutional damage wrought by the political left via policy, but second and almost just as important is the manner by which we do so.

In short, emphasize process over politics.

Youngkin thus far has not disappointed and in fact has surprised many. Rather than most Republicans when faced with adversity, Youngkin has proven to be far more adroit. With RGGI, the decision to withdraw Virginia was handed down to a state board to reinforce the decision — process. Similarly with the mask mandates, Youngkin could have brought things to a showdown this week and demanded that school boards comply with his executive order. After all, that’s what the left would have done. Instead, Youngkin went for process — asking the Virginia Supreme Court to make the decision and reinforce the constitutionality (now there’s a word we haven’t heard in a long time from Richmond) of his lawful executive orders.

Adult behavior? Perish the thought.

If you need to be convinced further that these maneuvers are the result of deliberation rather than tactical withdrawals, look no further than to Youngkin’s fielding of some pretty tough questions on the John Fredericks Radio Show earlier this week, as Fredericks pressed Youngkin rather directly as to whether or not we could make the process move faster:

I think we continue to do exactly what the attorney general did last week which was make strong requests for an expedited court process. This is one of those moments where it is very clear that the state statute that grants parents a fundamental right to make these decisions is, in fact, the guiding principle.

This is a small group of counties that are not recognizing parent’s rights. You see over and over again, it is the same school boards that have not been recognizing parents this entire time that continue to dismiss parent’s involvement in their kid’s life. This is why Virginians elected me governor. This is why Virginians elected a majority of Republicans in the House of Delegates, this is why we swept statewide races because Virginians are tired of this.”

See that word?

Process over politics.

That is the salient — if patient — point most of us should hear out. Good leaders don’t react; they act.

Therein lies the task ahead. Virginia Democrats had eight long years to cash out the public trust; Youngkin wasn’t going to fix it in a week. Democrats have a good habit of knowing they should stay engaged after Election Day; Republicans need to do likewise if we are serious about restoring and defending constitutional process.
Meanwhile, this commitment to good process over bad politics is starting to attract the honorable middle — namely State Senator Chap Petersen (D-Fairfax) who is making the case that liberals don’t have to sell out to the progressive fringe in order to govern effectively. From The Daily Wire:

On Monday, Chap Peterson, a moderate Democrat who joined with Republicans to force school re-opening last year, said in an email to the Fairfax County Parents Association that Fairfax’s school board “must define an ‘off ramp’ for mandatory masking. That means plainly stated metrics as well as a final deadline (e.g. Valentine’s Day). They should announce that immediately. The forced masking policy is going to end very soon, i.e. in a few weeks. Otherwise, the General Assembly will again step in…

Progressive leftists have been quite fond of the tactics of direct action — violent protests followed up by the surrender of process to the mob.

While some on the right are begging to pay progressives back in their own coin, the more interesting thing to see here isn’t that Youngkin et al. aren’t weaponizing the latitude created by broken processes against the left. One does not see a “progressive right” at play here at all. Rather, the Youngkin administration is making a serious, intentional, and deliberate effort to restore the spirit of the laws and the integrity of the process.

That’s huge.

Strong processes negate the strength of direct action. Democrats instinctively know this when in the minority and instruct Republicans to play by the rules. When in the majority, Democrats abscond process in favor of direct action: judicial activism, violent protests, or executive orders all aided and abetted by the unelected apparatchiks of the institutions held in thrall to the political left: media, academia, education, entertainment and the bureaucracy.

Yet the longer game here is to create the conditions where such tactics are no longer acceptable to the vast majority of working-class Virginians.

Already, Virginia’s legal system is starting to show resistance to such extra-legal tactics. Already, Virginia’s law enforcement community is being shown the support and gratitude of the vast majority of Virginia’s families who support the rule of law — our laws. Already, the very fact that Youngkin’s EOs are being met with some resistance is evidence that Northam’s habit of ruling and reigning by executive decree is formally outdated — and Youngkin’s measured response demonstrates the way such decrees ought to be handled in future should Democratic governors attempt to override constitutional processes with political will.

Yet both Youngkin and Miyares have a tremendous task ahead of them, one that will require patience from Republicans as they fix eight years of rent seeking from activist Democrats. Rugby players tend to think in terms of reacting with a blue head — cool — rather than a red head (anger) when plays go right or wrong. That’s how we stay in the zone and execute, so to speak.

So too should Republicans as we draw out the poison of direct action from state government.

None of this is going to be instantaneous, but then again, we all knew that going into this. Each of us is going to have to find a space to defend — whether it is our schools, our businesses, our communities — and put some faith and trust in the restoration of process over politics. The direction may not be straight forward, but one can tell that it is heading the right way — and if that drives fear into the ranks of the progressive left then all the better for freedom.

Shaun Kenney is the editor of The Republican Standard, former chairman of the Board of Supervisors for Fluvanna County, and a former executive director of the Republican Party of Virginia. This column has been republished with permission from The Republican Standard.


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Comments

19 responses to “Restoring Process Over Politics”

  1. It would be helpful if Kenney defined what he means by “process.” As examples of Democrats not following process, he mentions four major initiatives: economic shutdowns, mask mandates, the tearing down of history and war memorials, the imposition of Critical Race Theory in government schools, and the enforcement of gender ideology in state government.

    He would be correct to say that none of these occurred as the result of a deliberative legislative process. These issues were never debated openly in the General Assembly and voted upon in a process that was transparent to all. They arose either from COVID-related executive orders or arcane bureaucratic processes in the Virginia Department of Education. There was a process, just not a legislative one.

    Under some circumstances, Governors are entitled to exercise emergency powers… as Northam did. Governors are given wide latitude to administer education policy. CRT-inspired policies did not appear out of nowhere. They have worked their way through the bureaucratic process over several years.

    While I agree with the thrust of Kenney’s argument here, I think it is important to be clear that Democrats were not acting lawlessly. They have used legal means to bypass the legislative process.

  2. LarrytheG Avatar

    well this is hilarious given the overt political changes to “process” that Youngkin and the AG are pursuing right now! Ya’ll can’t seem to deal with the obvious realities that are on the news daily!

    Going on right-wing radio daily and claiming “apolitical” ? geeze louise!

  3. tmtfairfax Avatar
    tmtfairfax

    On the issue of the mask mandates, Fairfax County Public Schools have posted that it is challenging the Governor’s executive order on constitutional grounds — the state constitution puts control of public schools in the hands of the school board. However, FCPS regularly followed Governor Northam’s COVID-related executive orders as if they were binding and justified the Division’s actions as necessary for compliance with the executive orders.

    It cannot be unconstitutional for the Governor to bind a school division and constitutional for the Governor to bind the same school division on the same subject. I would enjoy representing the Commonwealth on this one.

    1. Eric the half a troll Avatar
      Eric the half a troll

      Northam cited emergency powers (as authorized by law) in implementing his mask mandates. Youngkin is well within his power to reverse the mandate. School boards always has the choice to mandate masks prior to Northsm’s order. But what emergency is Youngkin citing to justify removing this power delegated to them by the legislature? In short, statewide mask mandate allowed through emergency powers. The same emergency powers do not apply to statewide bans on mask mandates. That must be done legislatively.

  4. Super Brain Avatar
    Super Brain

    I was not aware the Dems controlled the GA for the past 8 years.

  5. Virginia Gentleman Avatar
    Virginia Gentleman

    Campaigning meet Governing. Campaigning is so much easier.

  6. VaNavVet Avatar

    So what will Youngkin do if he loses in court? Listening to him, it appears to me that he really does not fully believe in his EO on masking in schools. He had to take that position during the campaign, but he seems like he would rather be on the side of protecting students. He may be hoping for cover from the court to strike a more nuanced stance. This divisiveness goes against his calls for unity and I don’t think that he really wants to be tagged as the one pitting parents against schools. After all he did say to “listen to the principals” and apparently even if they want to keep their students in masks for a while longer. But then again maybe he doesn’t care and the unity was just for show as what is up with the “snitch line” in his office?

  7. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    Why is this tripe even reprinted here? The guy has no credibility. Witness the following statements:

    “Similarly with the mask mandates, Youngkin could have brought things to a showdown this week and demanded that school boards comply with his executive order. After all, that’s what the left would have done. Instead, Youngkin went for process — asking the Virginia Supreme Court to make the decision and reinforce the constitutionality (now there’s a word we haven’t heard in a long time from Richmond) of his lawful executive orders.”

    Sorry, but “demand that school boards comply with his executive” is exactly what Youngkin did. And the only reason he is “going with the process” and asking the Supreme Court to uphold his actions is that he was sued and dragged to the court. Furthermore, his Attorney General has asked that the suit be dismissed. https://wtop.com/virginia/2022/01/va-ag-miyares-files-motion-to-dismiss-parents-lawsuit-against-youngkins-mask-mandate-order/

    Is this what Virginia Republicans depend on for their news of what is going on politically?

    1. Stephen Haner Avatar
      Stephen Haner

      A few also read me…:) Can’t find out if anybody does on the new Third Floor. I know the Northam people put my columns in the daily news brief. 🙂

      1. Nancy Naive Avatar
        Nancy Naive

        Did they include my comments?

        1. Mark O Flaherty Avatar
          Mark O Flaherty

          Trust me: they never did. Reasons obvious

          1. Nancy Naive Avatar
            Nancy Naive

            Well, they’re out now, ain’t they? Whose mistake was that?

    2. LarrytheG Avatar

      funny watching the Right in Va these days… loons they are..

    3. Nancy Naive Avatar
      Nancy Naive

      Amazing how being sued puts people in the “process” mode, now ain’t it?

    4. Virginia Project Avatar
      Virginia Project

      your opinions are so sadly predictable that I’ve come to feel they are worthless

    5. Good word choice. Tripe is another word I like which I think is not used often enough.

      https://uploads.disquscdn.com/images/b62b356e2d00d6720cad7a023ee0a3bd1eed7123a5ef7757e58f8e3bb31de9cd.jpg

      1. Matt Adams Avatar
        Matt Adams

        Ranks up there with haggis.

  8. James Wyatt Whitehead Avatar
    James Wyatt Whitehead

    What about Senator “Brickwall” Lucas? I expect “Maxine” styled politics to keep the blue team stirred up.

  9. Eric the half a troll Avatar
    Eric the half a troll

    “I think we continue to do exactly what the attorney general did last week which was make strong requests for an expedited court process.”

    I believe Youngkin’s order may be found to be perfectly legal. All he says is Northam’s emergency powers statewide mask mandate is reversed (clearly within his powers), parents can opt out of local school board mandates (I suppose they can), but he acknowledges (by using the word “should” instead of “shall” in Item #4) that he can not force schools to honor any parent’s decision to opt out. So the Items that really appear to empower anti-mask parents over school authorities (the opt-out items) just say what parents can do. I think they could have done this prior to Youngkin’s order – what was stopping them? But if they want their kids to be allowed in class in some districts, their opt-out decision will need to be reversed or the kids will be sent home. All this is fully consistent with Youngkin’s order – so the courts may say it is legal, imo. Saying so will not change the implementation on the ground – it will just make the anti-maskers more irate and frustrated. I suspect Youngkin (Mr. Anti-divisive) knows this full well and is doing us all a great disservice for political showmanship.

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