by Andrew Kerley
Attorney General Jason Miyares on Monday formally filed with the Virginia Supreme Court to appeal a July court decision that affirmed Senate Democrats’ rejection of some of Gov. Glenn Youngkin’s university board appointees. Miyares is citing multiple reasons why he believes Virginia’s highest court should overturn the ruling.
The Fairfax Circuit Court decision Miyares is appealing stemmed from a June Senate Privileges and Elections Committee meeting during which Democrats voted to reject eight of Youngkin’s appointees to the Boards of Visitors at George Mason University, Virginia Military Institute and the University of Virginia.
The boards are the highest decision-making bodies at Virginia’s institutes of higher education, holding the power to budget, hire and fire presidents and approve course curricula. Democrats say Youngkin is wielding these appointments like proxies and exerting more influence on universities than previous governors.
Youngkin and Miyares previously argued the confirmation vote was invalid because it was not conducted during a typical legislative session with the full General Assembly able to weigh in. Democrats won their initial court battle despite the Republicans’ argument.
Committee chair Sen. Aaron Rouse, D-Virginia Beach, called the previous Fairfax court decision a victory for the rule of law in a statement released the morning at the time.
“Today, the court affirmed what we have maintained all along: that the Virginia Senate has the constitutional authority to confirm or reject Board nominees, and that authority cannot be bypassed,” Rouse stated.
In his appeal, Miyares is arguing that the Fairfax Circuit Court did not have the jurisdiction to take the case, Democrats are choosing the wrong defendants by suing the Rectors of the university boards and that sovereign immunity protects the defendants from being sued. He also doubled down on his previous point that the Senate Democrats on the panel do not constitute the full General Assembly.
“The injunction incorrectly allows Plaintiffs to shortcut constitutional procedures and aggrandize their roles at the expense of the full General Assembly,” Miyares wrote.
Senate Majority Leader Scott Surovell, D-Fairfax, released a statement pushing back against Miyares’ argument.
“The Attorney General strangely argues that the General Assembly has been confirming people in the wrong way for the last 100 years including the six years he served in the House of Delegates and never said anything,” Surovell stated.
Miyares’ office did not immediately provide Virginia Scope a response to the statement from Surovell.
Democrats held a press conference in July pushing back against growing GOP influence over Virginia colleges and universities, citing recent probes by Trump’s Department of Justice into GMU President Gregory Washington over reports of antisemitism. Former UVa President Jim Ryan resigned in July under similar pressure regarding the university’s DEI policies.
Surovell said last month that Democrats are looking into proposing legislation next session that would reform the board appointment system to safeguard universities from partisan bias.
“This is a coordinated political campaign,” Sen. Louise Lucas, D-Portsmouth, said at the time. “They started with General Wins at VMI, then they came for President Ryan at UVa, and now they’ve set their sights on President Washington and George Mason [University].”
The UVA board has since begun conducting a national search for a new president and appointed former law school dean Paul Mahoney to be their interim president.
Surovell said in a statement the rejected board members at UVa, GMU and VMI did not participate in official meetings, but the Attorney General and board rectors have not provided written confirmation that they will follow the court order.
“I think it would be unwise for the UVA Board of Visitors to take any action on hiring a new President until after the next Governor’s race has been decided because their board is going to experience a significant change in membership,” Surovell stated.
A House of Delegates Privileges and Elections Committee meeting is scheduled for Aug. 18.