Sen. Louise Lucas et al File Suit in Fairfax Circuit Court Seeking Preliminary Injunction “to protect the constitutional and statutory prerogative of the Virginia General Assembly to review certain gubernatorial appointments”

See below for the “plaintiffs memorandum in support of motion for preliminary injunction,” filed by VA State Senator Louise Lucas et al in Fairfax Circuit Court, in order “to protect the constitutional and statutory prerogative of the Virginia General Assembly to review certain gubernatorial appointments.” As the memorandum explains, “earlier this year, Governor Youngkin nominated eight individuals” to the UVA, GMU and VMI Boards of Visitors. The State Senate’s Privileges & Elections Committee then rejected those nominations, and thus, “Simply put, the Refused Appointees’ nominations died in committee, just like countless other legislative proposals.” The problem?

“But Governor Youngkin and the Executive Department insist that these individuals who sought but failed to obtain General Assembly confirmation can nonetheless serve (and indeed are still serving) in defiance of the Constitution of Virginia. Their position flies in the face of the text of the Constitution, the text of the governing statute, and decades of longstanding practice. Board meetings at each of the affected institutions are rapidly approaching, and the Boards stand poised to consider highly consequential matters. A preliminary injunction is urgently needed to prevent the Refused Appointees from serving despite their constitutional and statutory disqualification and to avoid nullifying the Senators’ votes.”

Seems like a no-brainer, right? So let’s hope the court moves expeditiously and grants the preliminary injunction!