RICHMOND, Va. --Monday marks one week since Republicans and Democrats at the General Assembly began fuming over a pick to the Virginia Supreme Court.
Gov. Terry McAuliffe wants Judge Jane Roush while Republicans want Judge Rossie Alston.
After failing to agree last week, the House remains in session, experts said so the governor doesn't re-appoint his pick.
However, WTVR CBS 6 legal analyst Todd Stone said if the governor puts Roush back on the bench anyway, defying House Republicans, her opinions could be called into question
“If it looks like she's sitting and she doesn’t have the legal authority to be there, then yes, people could call to question any legal decision that she makes,” Stone explained. “But the law is definitely on the governor’s side for at least putting her in there at least for another interim appointment.”
Stone said Virginia’s constitution requires seven judges always be on the court. But there will only be six come Sept. 17 unless the governor or the General Assembly act.