Youngkin Kicks the Can Down the Road on Affirmative Action

by Jock Yellott

By partisan votes, the Democrat controlled General Assembly presented Republican Governor Youngkin with HB 1404, mandating affirmative action in Virginia government contracts.  

Bacon’s Rebellion published a piece that listed the bill as a veto candidate. One of those that would “have the greatest negative economic impact on the Commonwealth.”

But instead of a veto, at the 11th hour on Monday April 8, 2024 Governor Youngkin proposed amending it.

The amendments would postpone its effective date for a year — if reenacted by the General Assembly. Meantime, let’s have more “input.”

The Department of Small Business and Supplier Diversity is to fund a survey, asking whether we need more small business and supplier diversity.

This is so silly, the outcome so obviously pre-ordained, one wonders if kicking the can down the road rather than just vetoing it was a political sop to the Democrats? With 228 prospective amendments to the Virginia budget, the Governor needs their cooperative goodwill to keep the state functioning.

Democrats argue we still need discrimination to make up for past discrimination even after fifty years of affirmative action.

“Time’s up,” a Republican appointed federal judge told the federal Small Business Administration a month ago. No more discriminating in federal government contracts. It’s unconstitutional.

But will the state of Virginia under a Republican administration start an expensive new program at the behest of Democrats to do exactly what the federal Small Business Administration is already forbidden to do? Likely we won’t know until next year.

Jock Yellott is an attorney in Charlottesville and an occasional contributor to Bacon’s Rebellion.


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Comments

10 responses to “Youngkin Kicks the Can Down the Road on Affirmative Action”

  1. LarrytheG Avatar
    LarrytheG

    If we go back on this, will it also apply to veterans and handicapped individuals?

    1. If this bill is not passed the law will stay the same as it is now. No one will be “going back” on anything.

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

        Except for women in Arizona….😉

        1. Lefty665 Avatar

          Arizona didn’t become a state until 1912. How did they have a legislature and laws enforceable today from a half century before that? Strange.

  2. Stephen Haner Avatar
    Stephen Haner

    Well, to be fair, a reenactment clause is basically a veto. The bill does not become law and the patron starts from scratch, which he or she could do anyway. The amendments will probably be rejected, the Governor perhaps then fully vetoes the bill, but can say, “I offered them something…”

    They won’t want the reports because the data probably won’t help their cause. He used that “let’s do a report” move on a bunch of them. Might be quite a year for interim reports.

    1. Marty Chapman Avatar
      Marty Chapman

      Given recent Supreme Court rulings I do not see how this law could stand if passed and then challenged.

  3. Eric the half a troll Avatar
    Eric the half a troll

    Another top down, the state knows best Conservative Youngkin veto of HB1100 which would have given ALL localities the ability to protect tree canopy during development.

    NOVA has this authority so vetoing the bill denies Hampton, Portsmouth, Norfolk, Petersburg, RVA & the rest of VA the rights doled out to a select few.

    1. Stephen Haner Avatar
      Stephen Haner

      I still haven’t looked at the whole list. 153 surprised even me. And when amendments are rejected, the total will grow.

      1. LarrytheG Avatar
        LarrytheG

        No one can accuse Youngkin of getting along to go along!

        what is the process for the GA to process his actions?

        1. Stephen Haner Avatar
          Stephen Haner

          They can attempt to override the vetoes. Takes 2/3 in BOTH chambers. They vote on the various bill amendments and to pass they need a majority in both chambers. So Dems voting en bloc can kill any amendments, but need Rs to override a veto.

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