News Summary
Republican lawmakers in Virginia, led by former House Speaker Bill Howell, are contesting a court ruling that prevents Governor Glenn Youngkin from making new appointments to three public university boards. The legal battle stems from a decision by Judge Jonathan Frieden, siding with Senate Democrats, who oppose Youngkin’s appointments. This conflict highlights ongoing tensions between Virginia’s Republican governor and the Democrat-controlled legislature regarding higher education governance.
Virginia – Republican lawmakers in Virginia, led by former House Speaker Bill Howell, are contesting a court ruling that blocks Governor Glenn Youngkin’s ability to make appointments to the governing boards of three major public universities. The legal challenge was initiated with a friend-of-the-court brief filed at the Supreme Court of Virginia and aims to overturn a decision made by Fairfax County Circuit Court Judge Jonathan Frieden.
Judge Frieden ruled in favor of nine Senate Democrats who objected to eight of Youngkin’s appointees to boards at George Mason University, the University of Virginia, and the Virginia Military Institute. The central argument made by Republican leaders is that the Virginia Constitution grants the entire General Assembly the power to confirm appointments, rather than any specific house or committee, suggesting that allowing a minority in the Senate to block these appointments infringes on constitutional principles.
In the aftermath of the ruling, Howell and fellow Republican legislators have described the decision as a form of “judicial fiat.” Their appeal, backed by Attorney General Jason Miyares, aims to overturn Judge Frieden’s ruling, particularly significant as it came just days before George Mason University’s Board of Visitors was scheduled to evaluate the performance of its president, Gregory Washington. Washington faced scrutiny over allegations of civil rights violations from the U.S. Department of Education during the previous administration.
The immediate consequence of the ruling required the George Mason board to proceed with its business without four members appointed by Youngkin. The political strife further escalated as Senate Majority Leader Scott Surovell and other Democratic leaders opposed Youngkin’s appointments, considering them to be politically motivated and inappropriate.
Since Governor Youngkin took office, a total of 22 of his appointments have been rejected by Senate Democrats, with eight being denied in June and another 14 on a subsequent occasion. Democratic leaders argue that these rejections are crucial to preserving the integrity of Virginia’s higher education governance, while Republican lawmakers maintain that the Democrats’ actions are a partisan maneuver that harms the state’s university system.
The conflict extends to procedural interpretations, as Senate Democrats assert that a committee vote rejecting appointments formally represents the Senate’s refusal. In contrast, Republican legislators contend that both legislative chambers must act in unison for a refusal to be valid.
The situation is complicated by the ongoing special session of the legislature, which currently prevents Governor Youngkin from making any recess appointments without consent from the legislature. This has left the status of Youngkin’s appointments uncertain, as confirmed by statements from Senate Clerk Susan Clarke Schaar, who indicated that the appointments have not been officially confirmed.
In light of these developments, Senate Democrats have urged Youngkin to pause further appointments until he engages in more productive consultation with them. This ongoing legal and political confrontation reflects the deeper tensions present between Virginia’s Republican governor and the Democratic-controlled legislative bodies regarding authority, governance, and the direction of higher education in the state.
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