Tag: Emilio Jaksetic
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Proposed Reproductive Freedom Amendment Could Eliminate Limits
by Emilio Jaksetic House Joint Resolution 1 (HJ 1) and Senate Joint Resolution 1 (SJ 1) have been prefiled for consideration of the Virginia General Assembly to propose an amendment to the Virginia Constitution captioned “Article I, Bill of Rights, Section 11-A. Fundamental right to reproductive freedom.” A copy of HJ 1 is available at here…
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Fairfax School Board Ignores the Rule of Law
by Emilio Jaksetic On July 18, 2023, the Virginia Department of Education (VDOE) issued “Model Policies on Ensuring Privacy, Dignity, and Respect for all Students and Parents in Virginia’s Public Schools” (Revised Model Policy). A copy of that policy is accessible at https://www.doe.virginia.gov/Home/Components/News/News/308/ On August 15, 2023, Michelle Reid, Ed.D, Superintendent of the Fairfax County…
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Mr. Saddam Salim’s Strange Acceptance of Political Endorsements
by Emilio Jaksetic In the upcoming November 2023 election, the Democratic Party candidate for Virginia Senate District 37 is Saddam Azlan Salim. Salim won the Democratic nomination by defeating Chap Peterson in the June 20, 2023 primary. A profile of Mr. Salim is available on Ballotpedia. A hypertext link in the Ballotpedia profile goes to…
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Fairfax County Public Schools and “Equal Outcomes”
by Emilio Jaksetic According to an article by Asra Q. Nomani and Heather Zwicker, Fairfax County Public Schools has signed a sole-source contract with Performance Fact, Inc., which explicitly advocates the following: “To have an equity-centered organization, we have to have the courage and the willingness to be purposefully unequal when it comes to opportunities…
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Luria Transmogrifies Oath of Office
by Emilio Jaksetic On January 6, 2022, Representative Elaine Luria (D-2nd District) announced her decision to run for reelection. In the opening sentence of her statement she said: “On the anniversary of the January 6th insurrection, I recommit to uphold my oath to ‘support and defend the Constitution of the United States against all enemies…
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Herring’s ERA Advisory Opinion Is Flawed, Self-Defeating
by Emilio Jaksetic On January 6, 2022, Attorney General Mark Herring issued an advisory legal opinion in which he concluded that the Virginia General Assembly cannot rescind its January 2020 decision to ratify the Equal Rights Amendment (ERA). What is amazing about Herring’s advisory opinion is its reliance on one passage of the Supreme Court…
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Delegating Emission Standards to California Is Unconstitutional
by Emilio Jaksetic As Steve Haner noted in a December 10 post, “Now California Will Control Virginia’s Auto Sales,” the Virginia Air Pollution Control Board (VAPCB) adopted a regulation that places ultimate control of Virginia’s vehicle emission standards in the hands of the California Air Resources Board. Although the VAPCB acted pursuant to a statute…
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Loudoun School Board Flouts Law, Constitution
by Emilio Jaksetic According to The Virginia Star, the Loudoun County School Board has issued new procedures for its public meetings that improperly restrict the right of Virginians to comment at public meetings. Citing “ongoing security threats” the school system website declared: “Only people signed up to speak to the School Board will be allowed…
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Senator Warner Embraces Legislative Flim-Flam
by Emilio Jaksetic On August 1, 2021, a bipartisan group of senators, including Senator Mark Warner, D-Va, issued a brief: “Senators’ Statement on the Finalized Bipartisan Infrastructure Agreement Legislative Text.” The statement contains a hypertext link to a draft bill that is 2,702 pages long. As a matter of common sense, it is not plausible…
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Dueling Claims of Victory in Transgender Lawsuit
by Emilio Jaksetic On July 27, 2021, Judge J. Frederick Watson, with the 24th Judicial Circuit of Virginia, issued a decision on a lawsuit challenging the adoption of the Virginia Board of Education’s Model Policies for the Treatment of Transgender Students in Virginia’s Public Schools, reports The Virginia Star. Because Judge Watson dismissed the lawsuit…
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The Dems’ Conscience-Clause Dilemma
by Emilio Jaksetic Virginia’s statutory adoption conscience clause prohibits any requirement that forces private child-placing agencies to violate their religious or moral convictions when participating in the placement of a child for foster care or adoption. Virginia Democrats have advocated repeal or nullification of the clause on the grounds that the clause permits unequal, discriminatory…
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Descano’s Unconstitutional Actions
by Emilio Jaksetic Fairfax County Commonwealth Attorney Steve T. Descano has invoked his prosecutorial discretion to issue several “criminal justice reforms.” (Copies are available here.) As part of these reforms, Descano refuses: (1) to prosecute any person for simple possession of marijuana; (2) to prosecute any person for felony larceny for any amount less than…
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A Threat to Due Process Comes from…(Drum Roll)… Virginia’s Division of Human Rights
by Emilio Jaksetic On November 18, 2020, Attorney General Mark R. Herring informed NAACP Loudoun Branch and Loudoun County Public Schools (LCPS) that a Final Determination (Determination) had been made by the Division of Human Rights (DHR) in DHR Case No. 19-2652. In making its Determination, DHR used a procedure that poses a serious threat…
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Religious-Freedom Challenges to Northam’s Executive Orders
by Emilio Jaksetic Three churches in Virginia are suing Governor Northam over restrictions in his latest pandemic-related executive order, claiming their rights to religious freedom are being infringed. (See The Virginia Star article here.) The cases raise questions about Northam’s authority to limit, restrict or otherwise regulate religious activities in response to the pandemic. In…
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Legal Futility of Virginia’s Online Petitions
by Emilio Jaksetic Currently, online petitions are advocating the removal of the superintendent of the Fairfax County Public Schools and the principal of Thomas Jefferson High School. (See the petitions here and here.) Such online petitions are legally futile. Under Virginia law, removal of elected officials such as Fairfax County school board members is handled differently…