Judge sides with Senate Democrats, bars appointees from joining university boards

A judge has sided with Virginia Senate Democrats in their lawsuit over appointments to university boards.

In a ruling issued Tuesday, a Fairfax County judge barred several appointees named by the governor from joining the boards of visitors at George Mason University, the University of Virginia and Virginia Military Institute. The appointments were rejected by a Senate committee on June 9th.

Legal expert Rich Kelsey says one of the appointments, former state Attorney General Ken Cuccinelli, could have been an asset to the UVA Board of Visitors.

"He is abundantly qualified to sit, and it's a purely political move," Kelsey says. "But you know what? That's exactly what's permitted in the game of politics, which is, ‘We don't want your people on these boards. And we're not going to move them over.’ I don't see a successful legal path to their appointment."

The governor’s office argued the appointments can only be rejected by the whole General Assembly. But the judge found the committee’s action sufficient to represent the Senate’s refusal to confirm, under the Virginia Constitution.

The rectors that oversee the boards and the attorney general have already said they'll appeal the Fairfax ruling.

"No. There is no ground for appeal. It's comprehensive. It's clear; exactly right on the law," says Carl Tobias at the University of Richmond law school.

"I think he will lose, but the question is timing, of course, because, for example, the George Mason board is going to meet on Friday and discuss the present president."

In a statement, State Senate President Louise Lucas noted that universities are facing increasing pressure from the Trump administration. "This isn’t just about who sits on a board," Lucas said. "It’s about whether the future of Virginia’s colleges and universities will be guided by educators and experts, or hijacked by Trump, Youngkin, and their MAGA allies.”