Oathbreaker: Virginia AG Mark Herring declines to perform his duty to defend Virginia law.

When Mark Herring was running for the position of Attorney General of Virginia, I warned people who supported his election that he was already demonstrating that he didn’t have the integrity to actually uphold his oath of office. I was right. Now, of course, Herring has doubled-down, advising clients that he won’t uphold Virginia’s laws that deny in-state tuition eligibility to illegal aliens. Herring is wrapping himself in the US Constitution to justify his breaking of his oath. He wants us to all believe that he’s simply answering to a higher power.


Herring has the same right as the rest of us to think whatever he likes of Supreme Court decisions but he has no right to create those decisions himself. Until and unless a Supreme Court case returns a ruling from the Court that a given law is unconstitutional and, therefore, stricken, then the law is absolutely in force and enforceable. So long as that’s true, the AG of the Commonwealth of Virginia is duty-bound to uphold the laws passed by the representative government of the people of Virginia. That’s his oath. And this excuse he’s trying to float that the law, as duly passed, is in violation of the US Constitution and, therefore, he can’t defend it would only be valid if he can point to the Supreme Court decision that declared it so. Without that, he’s substituting his own judgment in the place of the SCOTUS Justices and that, my friends, is an authority to which he can lay no claim.

This is simply an egregious dereliction of duty and, frankly, should be cause for impeachment and recall. I’ve already made my case that this should be a matter of consequence to everyone, Democrat and Republican alike. As I said,

Is this really what you want? To have a government of elected officials that simply pick and choose which laws they want to enforce and which they won’t, ignoring what we – what you – want to have happen if you don’t happen to be agree with them on the matter? Have you no desire to have these officials required to follow the laws? Your silence is giving consent! Herring and McAuliffe and Obama are Democrats. They absolutely do not listen to me or my fellow Republicans and conservatives, in spite of their rhetoric to be officials for all of the people of the Commonwealth or the United States. When they hear me rage about their illegal actions, they laugh it off and dismiss it. If they heard from all of us, perhaps they wouldn’t. And if the persist, will you not join with me to remove them from office so we can all have people in their seats that will at least obey the laws? How long do you think non-elected bureaucrats have to watch this kind of example before they conclude that they don’t really have to execute the law, either?

Say something, and be as loud about it as your support was. You deserve their integrity and if they can’t see fit to do the job they promised to do, you deserve to put someone in there who will.

It’s still true and it even more important now than ever.