As America heads towards its 250th birthday, one recent milestone to note is June 25, 1788. That’s when Virginia ratified the Constitution, a democratic form of government that features checks and balances across different branches.
The main feature of the second presidency of Donald Trump is a declaration that the executive branch is superior and does not have to confer with either of the other branches. There are countless legal battles underway and these stories must compete with everything else happening.
This same theme of 21st century politics can be seen as well in the Commonwealth of Virginia.
Yesterday I reported that Governor Glenn Youngkin have been appointed to the University of Virginia’s Board of Visitors and noted that former Attorney General Ken Cuccinelli is still listed as a member despite a failure to be confirmed by the Virginia Senate. A request for comment from UVA made over 24 hours ago has not been returned.
Governor Glenn Youngkin announced on March 26 that he would appoint Cuccinelli on March 26 to replace Bert Ellis in the position. Youngkin fired Ellis and the term expires on June 30, 2026.
On June 9, the Senate Privileges and Elections Committee declined to confirm the appointment of Ken Cuccinelli to fill a vacancy left after Youngkin fired Bert Ellis. The party-line vote was 4 to 8 with a status of “failure to report.”
On June 10, committee member Senator Scott Surovell (D-31) sent a letter to UVA Rector Robert Hardie and other rectors across the Commonwealth notifying them that the committee’s action meant that the individuals could no longer serve.
The General Assembly is technically still in the special session convened in 2024 under a joint resolution that allows committee action on the election of judges and other personnel matters.
On June 11, Attorney General Jason Miyares sent a follow-up letter to rectors who said that the committee’s action did not constitute an action by the entire General Assembly which means the individuals could serve.
“The recommendation of a Senate committee cannot be elevated to an act of the General Assembly,” Miyares said. “Therefore, at this stage, it is premature to conclude, as a matter of law, that the General Assembly has refused the pending confirmations.”
On June 11, Hardie wrote to Surovell asking for an explanation.
“Ken Cuccinelli is no longer eligible to serve as a member of the UVA Board of Visitors and must immediately cease all activities in that capacity,” Surovell wrote in response.
Surovell cited Article VIII Section 9 of the Virginia Constitution which he claimed gives the General Assembly the final say of who serves on governing bodies of public institutions of higher learning. He also cited Article V Section 11 which he argued bars Cuccinelli from continuing to serve in the role and from being reappointed.
He also cited several instances where the confirmation process ended at the committee level.
“The Governor cannot now claim that committee rejection of Mr. Cuccinelli is somehow insufficient when he has repeatedly accepted similar actions regarding his prior appointees,” Surovell wrote.
Surovell also said he was aware that Cuccinelli has stated publicly he will continue to serve.
“While we are all aware that ignoring the Rule of Law seems to be en vogue among the current Administration in Washington, D.C. and Mr. Cuccinelli formerly served with President Trump, we honor the Rule of Law here in our Commonwealth as both the first colony in America and was founded which predated the current American constitutional order by twelve years,“ Surovell concluded.
On June 24, Surorvell and other members of the committee filed a lawsuit in Fairfax County Circuit Court to bar Cuccinelli and other appointees from continued service. They were joined by Senator Louise Lucas.
“Rather than respect this clear separation of powers principle enshrined in the Constitution and laws of the Commonwealth, Governor Youngkin and the Executive Department have
chosen nullification, advising the Rectors of UVA’s and GMU’s Boards of Visitors and the President of VMI’s Board of Visitors that the rejected members may still serve despite the General Assembly’s refusal to confirm their appointments,” reads paragraph 5 of the suit.
You can read a copy of the complaint here. The case is known as Lucas V Stimson with George Stimson of George Mason University coming alphabetically.
These stories on Virginia Business are behind the paywall but worth a read for the details.
- Senate Democrats, AG Miyares duel over rejected university board appointees, Kate Andrews, June 12, 2025
- Virginia Senate Dems claim in lawsuit Youngkin is trying to nullify BOV rejection vote, Kate Andrews, June 24, 2025
Before you go: This story was first published in the June 24, 2025 edition of Charlottesville Community Engagement and then posted to this website the next day. If you’re interested to know more about how you can support this work, take a look here.
Discover more from Information Charlottesville
Subscribe to get the latest posts sent to your email.
