Judge Temporarily Blocks Youngkin’s Appointees from Serving on Virginia University Boards

The Big Picture

A Fairfax County judge on Tuesday issued a preliminary injunction temporarily barring several of Gov. Glenn Youngkin’s appointees from serving on the Boards of Visitors at George Mason University, the University of Virginia, and the Virginia Military Institute. The move marks a legal setback for the governor’s administration as it confronts resistance from the state’s Democratic-controlled Senate.

The Legal Dispute

The ruling stems from a lawsuit brought by Senate Democrats serving on the Senate Privileges and Elections Committee, who challenged the legitimacy of eight appointees continuing to serve after the committee voted to reject their nominations in June.

In a detailed 25-page opinion, Fairfax Circuit Court Judge Jonathan D. Friedan concluded that under the Virginia Constitution, the committee’s rejection constituted a refusal by the General Assembly — and thus the appointees were not authorized to remain in their positions. Friedan wrote that the individuals “should have immediately ceased participation” following the rejection.

Attorney General and Governor Respond

The Attorney General’s office, which represented the defendants, contended that a rejection requires action by the full General Assembly, not just a committee. Despite this position, the court sided with the Senate committee’s interpretation.

A statement from the governor’s office also responded to the ruling, saying that the governor “respectfully disagrees with the Court’s opinion and looks forward to the Attorney General’s appeal to the Supreme Court.”

Senator Rouse Applauds the Decision

Senator Aaron Rouse, Chair of the Senate Privileges and Elections Committee, praised the court’s ruling as an affirmation of constitutional checks and balances. He emphasized the importance of safeguarding the independence of Virginia’s higher education institutions.

In a fuller statement released to the media, Rouse elaborated:

“As Chair of the Senate Privileges and Elections Committee, I take my responsibilities very seriously, especially when it comes to protecting the integrity of our institutions and safeguarding our universities from partisan overreach.

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. The court found that the eight contested nominees were indeed rejected by the General Assembly and, as such, cannot continue to serve.”

What’s Next

The preliminary injunction remains in effect pending appeal. The Governor’s office and Attorney General are expected to challenge the ruling before the Supreme Court of Virginia. Until then, the impacted appointees will be blocked from participating in any governing board decisions at the affected institutions.

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