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The Virginia Supreme Court has refused to take up a case that suspended multiple appointees by Gov. Glenn Youngkin from serving on three Virginia university governing boards.
Virginia Attorney General Jason Miyares appealed to the court after the Fairfax County Circuit Court suspended eight governing board appointments from serving at George Mason University, Virginia Military Institute and the University of Virginia. The 15-member Senate Committee on Privileges and Elections rejected 22 appointments in the past year and the issue has been one of several that rocked Virginia鈥檚 higher education landscape in 2025.
The court heard arguments from the attorney general鈥檚 office, representing the three governing board rectors, asking for a temporary injunction be lifted in order for appointees to serve less than three weeks ago. Attorneys representing the nine Democratic state senators who requested the temporary injunction聽 also made arguments asking for the lower court鈥檚 order to be upheld.
In its order on Monday, the high court said the case must be allowed to continue and that it will not review the temporary decision, but the rectors can appeal the overall final outcome later.
Senate Majority Leader Scott Surovell, D-Fairfax, on social media that the Supreme Court of Virginia 鈥渁ffirmed the Senate P&E Committees authority to reject gubernatorial nominations because MAGA rules don鈥檛 work in Virginia where we still have a rule of law that Youngkin and Miyares have to follow.鈥�
In Virginia, when the governor nominates a candidate to a board or commission to a seat, they need the General Assembly鈥檚 approval. During each legislative session, it is common practice for the General Assembly to vote on the list of gubernatorial candidates in both chambers.
However, senators rejected the appointees outside of the regular session, a move they said would Virginia鈥檚 institutions of higher learning from partisan attacks but that Youngkin and Miyares said flouted the law.
The attorney general鈥檚 office did not immediately comment or respond to what its next step will be following the Supreme Court鈥檚 decision.
The attorney general鈥檚 office had previously argued that the circuit court鈥檚 decision was incorrect, asserting that the court lacked jurisdiction and that the vote by the senate committee did not meet the requirement for a final refusal because there were other ways for appointments to be confirmed.
However, the senators, some of whom serve on the committee, argued that said the to block the board nominees was a 鈥渄efinitive鈥� refusal.
No trial date has been set yet in Fairfax County. It鈥檚 uncertain when the case will continue, as Youngkin鈥檚 administration prepares to transition out of power and with Gov.-elect Abigail Spanberger鈥檚 team being sworn in mid-January.
The Mercury contacted Attorney General-elect Jay Jones for comment on if his office would continue to pursue the case once he is in office, but has not received a response.
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