Bedford (VA) seeks bailout

A survey of Virginia counties is in the process of being conducted to see which counties are seeking bailout and which are not. There seems to be quite a few counties in Virginia which have started the bailout process.  More reports to follow in various publications about bailouts in Virginia.  Bedford County is one of the counties on a bailout blitz.  More about the bailout here.

One of the issues in these bailouts is whether they are 100 percent bailouts, or 95 percent bailouts. If they are 95 percent bailouts, then this would certainly be brought to the attention of the Supreme Court in the various challenges to Section 5. Recent bailouts have much to say on this point.   Another issue is whether the language of the bailout statute is being followed, or whether the consent decrees include terms that do not satisfy or conflict with the statute, such as ongoing administrative oversight.  The nature and contours of each of these bailouts is relevant to whether bailouts are achieving the constitutional aim of the law.  If they impose restrictions, they aren’t genuine full bailouts.  Whether or not they follow the statute is relevant when assessing the constitutional functionality of the escape mechanism.  Much more on this soon.