WASHINGTON — The outrage surrounding a racist photo on Virginia Gov. Ralph Northam’s page in a 1984 medical school yearbook hasn’t died down, even after a news conference aiming to quell the controversy.
Northam, who says he has no plans to resign, said Saturday he doesn’t believe he is depicted in the photo, and said he doesn’t know how it ended up on his page. The photo features a person in blackface next to a person in a Ku Klux Klan hood.
In the hours since Northam’s news conference, the calls for him to resign have intensified. The governor has lost the support of just about every elected official of consequence in the commonwealth, including both of Virginia’s senators, fellow Democrats Mark Warner and Tim Kaine; Virginia’s attorney general Mark Herring; Rep. Bobby Scott, the dean of Virginia’s house delegation; and the Democratic Party of Virginia — whose chairwoman said the governor “no longer has our confidence or support.”
Northam maintains he isn’t going anywhere and will try to finish out his term, but the near-universal calls for him to step down have political observers looking at whether — or even if — officials could impeach Northam or remove him through other means. Neither option has ever been used against a sitting Virginia governor.
News conference did little to quell controversy
At Saturday’s news conference, Northam called the yearbook photo “offensive and racist” but that after, contacting family and classmates from Eastern Virginia Medical School, had concluded he was not depicted in the photo — a reversal of Friday’s statement acknowledging his presence in it.
He asked Virginians for the opportunity to earn their forgiveness and said resigning would be the “easier” path. “I believe this moment can be the first small step to discuss racism in Virginia’s history,” he said.
Northam’s news conference did little to subdue the controversy.
After his remarks Saturday, Sens. Warner and Kaine and Rep Scott issued a joint statement calling on Northam to leave the governor’s mansion.
“After we watched his press conference today, we called Governor Northam to tell him that we no longer believe he can effectively serve as Governor of Virginia and that he must resign.” The lawmakers acknowledged Northam’s long career in Virginia politics “but the events of the past 24 hours have inflicted immense pain and irrevocably broken the trust Virginians must have in their leaders. He should step down and allow the commonwealth to begin healing.”
Virginia Attorney Gen. Mark Herring said in a statement, “it is no longer possible for Governor Northam to lead our commonwealth and it is time for him to step down.” Herring said he has spoken with Lt. Gov. Justin Fairfax and “assured him that, should he ascend to the governorship, he will have my complete support and commitment to ensuring his success and the success of our commonwealth.”
Fairfax, who would become the acting governor if Northam resigns or is removed, stopped short of calling for Northam’s resignation after the governor’s news conference. Fairfax said he is “shocked and saddened” by the yearbook photos and that Northam had reached out to him to personally apologize.
“While his career has been marked by service to children, soldiers, and constituents, I cannot condone the actions from his past that, at the very least, suggest a comfort with Virginia’s darker history of white supremacy, racial stereotyping, and intimidation.
Fairfax would be Virginia’s second African-American governor.
Can Northam be forced out?
It’s clear many lawmakers in Virginia want Northam to go — but can they force him out?
Virginia’s constitution does have clauses that speak to the removal of a sitting governor, but it’s questionable whether they can be applied in this regard.
It’s also never happened before and could spark a constitutional crisis in the commonwealth.
Gubernatorial impeachments are rare enough, but it’s never been done before in Virginia.
Still, there is a process in place. The exact clause in Article IV Section 17 states the impeachment process comes into play in cases of “malfeasance in office, corruption, neglect of duty, or other high crimes or misdemeanor.” Just like in Congress, the process would start in the House of Delegates and be prosecuted by the state Senate. Two-thirds of the Senate would then have to vote to remove Northam from office — a tally that seems possible based on the outrage and condemnation that’s been building since Friday.
But the big question is whether or not impeachment would apply to this situation. While the wording in the constitution is certainly vague enough to be interpreted broadly by lawmakers, it’s debatable whether or not it’s so broad to actually apply here.
However there’s a second potential remedy you might hear more about in the coming days which is similar to the 25th Amendment in the U.S. Constitution.
Article V Section 16 says there are two options available to declare the governor “unable to discharge the powers and duties of his office.” That process can happen two ways. Either the attorney general, the president pro tempore of the Senate and the speaker of the House of Delegates OR majority of the entire general assembly declares the governor is “unable to discharge the powers and duties of his office.”
That section of the state constitution goes on to say that after that occurs, the governor can respond with a written declaration that “no inability exists” which would allow him to resume his term. But the two entities that began that process then have four days to again declare the governor is “unable” to serve. If that happens the entire General Assembly would again have a say. Should things get to that point, it would take a three-fourths vote in the House and the Senate to oust Northam from office.
But all of that is something that’s never happened before in Virginia. It’s unclear how broad those clauses would be interpreted if challenged by Northam, and since it’s uncharted territory it’s way too premature to say these are slam dunk options available to lawmakers in Richmond. From the perspective of lawmakers who want Northam out, the easiest option would be for Northam to resign. If he doesn’t, it would likely spark a constitutional battle that would have been unimaginable just a week ago.
