Senate Democrats sue over Youngkin appointees kept on college boards

A Fairfax County court will soon weigh in on whether leaders at three of Virginia’s universities broke the rules by allowing rejected appointees to remain in their governing boards — despite Senate Democrats voting to remove them earlier this month.

The lawsuit, first reported Tuesday by the Washington Post, targets the leadership of the Virginia Military Institute, the University of Virginia and George Mason University. It asks the court to bar the contested board members from continuing to serve and declare that any board member who permits them to remain is violating their legal duties.

The dispute stems from a June 9 vote by the Senate Privileges and Elections Committee, which rejected eight of Gov. Glenn Youngkin’s appointments — including former Virginia Attorney General Ken Cuccinelli and former state commerce and trade secretary Caren Merrick.

At the center of the clash is a standoff between Attorney General Jason Miyares and Senate Majority Leader Scott Surovell, D-Fairfax, who issued duelling letters to university rectors interpreting the fallout.

Miyares argued the appointees may continue to serve until the General Assembly reconvenes in January. Surovell, however, maintains that their terms ended immediately with the Senate’s vote.

The legal challenge underscores a broader power struggle between the Republican governor and the Democratic-controlled Senate over influence on public university boards. Democrats say Youngkin is stacking boards with ideologues to reshape policy.

Miyares said Tuesday evening that the board members in question had been lawfully appointed. 

“I think it is very unfortunate to see certain individuals in the state Senate that want to try to politicize the governance of these boards and just somehow remove these people. I think they’re wrong in the law,” he said.

Youngkin said that his administration has been working to combat illegal discrimination at Virginia’s universities and schools. He called the lawsuit an example of Democrats promoting the latter.

“The fact that they are challenging my appointees is not only meritless, but it’s a waste of time,” Youngkin said. “It’s a waste of money and it’s a waste of people’s efforts. The commonwealth is doing incredibly well, and I would just encourage my Democrat friends to work productively on real things versus wasting everybody’s time on this meritless effort when, in fact, we’re going to all be together in making sure there’s no discrimination on our university campuses.”

However, Virginia Senate President Pro Tempore Louise Lucas, D-Portsmouth, pushed back against Youngkin’s assertion. 

“We will not tolerate Governor Youngkin violating our constitution to keep extremists on university boards. The Senate has acted and our decision is final,” Lucas posted on X, formerly Twitter.

Surovell added that he was “proud” to stand with Lucas in defending the rule of law of Virginia.

“If Donald Trump and his allies want to burn it down at the federal level, we’ll make sure it still stands strong here in the commonwealth,” Surovell posted on X.

Following the June 9 meeting, Surovell reminded the heads of Virginia’s public universities in a letter that same day that state code requires all governing board members to be confirmed by the General Assembly. He wrote that lawmakers “will not confirm individuals who do not possess the judgment, character, or willingness to follow the principles” outlined in the letter.

Those principles include an understanding of fiduciary duties, a commitment to independent institutional governance, and a pledge to avoid excessive partisan inclinations.

During the meeting, two Republican committee members defended the governor’s appointees, but it wasn’t enough to sway the Democratic-controlled panel, which voted to reject them. 

Republican lawmakers also raised concerns about why a joint subcommittee — composed of Senate and House Privileges and Elections committees members — had not met to review the appointees’ statements and economic interests, as required by state code. The committee’s attorney said he was not aware of whether the subcommittee was currently active. 

In a June 10 letter to Secretary of the Commonwealth Kelly Gee, who manages gubernatorial appointments, Senate Clerk Susan Clarke Schaar confirmed that the committee’s action is “effective immediately.”

Sen. Mark Obenshain, R-Harrisonburg, who does not serve on the committee, predicted Tuesday that the lawsuit would be dismissed because, in his view, the General Assembly had not formally rejected the appointments. 

“The lawsuit filed by Senate Dems is a pure political stunt,” Obenshain wrote. “Despite an earlier letter she sent ‘at the direction’ of Senate Dems, the Senate Clerk agrees: the General Assembly has not refused to confirm the Governor’s appointments. It’s an easy call — dismissed with prejudice.”

Senate Education and Health Committee Chair Ghazala Hashmi, D-Richmond, voiced support for the lawsuit, saying it was necessary to uphold the state constitution and prevent overreach by the executive branch. 

“This lawsuit is an essential and necessary defense of our constitution, our legislative authority, and the institutional checks and balances that protect Virginia’s democracy,” Hashmi said in a statement. “The governor and attorney general’s actions not only flout the clear mandates of the Virginia Constitution, but they also disregard the will of the Senate and undermine the General Assembly’s critical role in overseeing appointments to our public university boards.”

Last Friday, the governor announced a slate of new appointments to governing boards at several Virginia colleges and universities. None of the previously rejected nominees were included.

The Senate committee responsible for reviewing appointments has not yet scheduled its next meeting.