See below for a letter from VA Senate Majority Leader Scott Surovell to UVA Rector Robert D. Hardie, which makes clear that:
“Following the Virginia General Assembly’s action on June 9, 2025, 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. I have attached a letter from the Clerk of the Senate to the Secretary of the Commonwealth confirming this action…
On June 9, 2025, the Senate Privileges & Elections Committee voted 8-4 to refuse confirmation of Ken Cuccinelli’s appointment to the UVA Board of Visitors. This vote was part of the committee’s rejection of eight individuals nominated by Governor Youngkin to various university boards, including appointees to UVA, Virginia Military Institute, and George Mason University by rejecting SJ6001. No further action on the resolution is possible by the Senate. It is dead…
…The Virginia General Assembly’s authority to refuse confirmation of gubernatorial appointments is unambiguously established in both the Virginia Constitution and Virginia law.
…Any Board member who knowingly allows or participates in continued service by Mr. Cuccinelli following the General Assembly’s refusal to confirm his appointment would be violating both the Constitution of Virginia and the Code of Virginia. Such conduct would constitute “malfeasance and incompetence” pursuant to Virginia Code § 23.1-3100…
…Failure to comply with clear constitutional and statutory requirements regarding Board composition and the General Assembly’s confirmation authority would provide grounds for removal of any Board member who permits such violations. Such removal authority may be exercised by either the current Governor or his successor after his or her inauguration on January 17, 2026 as happened with Bert Ellis who Governor Youngkin removed on March 26, 2025…
Contrary to the Attorney General’s public comments, it is important to note that neither the Constitution of Virginia nor the Code of Virginia requires the entire legislature to vote on gubernatorial nominations. Having served in the General Assembly, both Attorney General Miyares and former Attorney General Cuccinelli are very familiar with the fact that the General Assembly operates through its committee system, and committees routinely take final action on legislation in committee. Similarly, judges may not be considered by the entire General Assembly if they have not been certified by 8 members of either the Senate or House Court of Justice Committees. Just as bills are regularly killed in committee without proceeding to floor votes, the Privileges and Elections Committee’s refusal to confirm Mr. Cuccinelli’s appointment constitutes the General Assembly’s final decision on this matter…
The General Assembly’s refusal to confirm Ken Cuccinelli’s appointment legally and immediately terminates his eligibility to serve on the UVA Board of Visitors. Any continued participation by Mr. Cuccinelli in Board activities would be contrary to Virginia law and the constitutional authority of the General Assembly. I trust that the Board will take immediate action to comply with the General Assembly’s constitutional authority and ensure governance of the University consistent with the Constitution of Virginia and Code of Virginia.”
Can’t get much blunter or clearer than this! Now, we’ll see whether Youngkin and Miyares attempt to be as lawless and reckless in their disregard for the Virginia constitution as Trump is for U.S. law and the U.S. constitution…
Hardie Letter 6-11-25 (With Attachments) by Lowell Feld
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