First, Virginia Democrat Senate Majority Leader Scott Surovell sent a letter threatening to fire Governor Youngkin’s appointees to university boards unless they bent to Democrat policies. Now, Democrats in the General Assembly are suing to block Governor Youngkin’s appointment to oversee Virginia Universities.

Surovell’s letter, which indicated that he believed conservative appointees unable to exercise independent judgment, claimed that Virginia Code gave the General Assembly sole authority over the University system.

While the letter and lawsuit have spoken broadly about eight of Youngkin’s recent nominees, Democrat rhetoric has focused on his appointment of former Virginia Attorney General and Trump cabinet Secretary Ken Cuccinelli.

“We will not tolerate Governor Youngkin violating our constitution to keep extremists on university boards,” said Senator Louise Lucas. “The Senate has acted and our decision is final.”

Except the Senate has not acted. At least not according to Attorney General Jason Miyares. According to Miyares’s reading of the law, the Democrat’s use of a Senate Committee while the General Assembly is not in session is unconstitutional. The Virginia Constitution says that a Governor’s appointees may serve until the 30 days after the General Assembly meets in January and their nomination can be heard by the entire Assembly.

“I think it is very unfortunate to see certain individuals in the state Senate that want to try to politicize the governance of these boards and just somehow remove these people,” Miyares said. “I think they’re wrong in the law.”

Republicans were also quick to point out the hypocrisy in Surovell’s letter. (RELATED: Attorney General Candidate Jay Jones Campaigns on Reform, Built Career Defending Corporations)

“In one breath, Senator Surovell decries ‘external interference’ and praises Virginia’s proud tradition of self-governance,” said Senate Minority Leader Ryan McDougle. “In the next, he’s spearheading a lawsuit attempting to strip university boards of the ability to recognize duly appointed board members. The hypocrisy is staggering.”

“It’s astonishing that the same people who demanded that rectors refuse to seat certain gubernatorial appointees are now claiming to champion ‘independence’ for our public institutions,” said Senator Mark Obenshain, Chairman of the Senate Republican Caucus. “You can’t have it both ways. You either believe in institutional self-governance—or you don’t.”

Obenshain added that it was obvious to any observer that the General Assembly had not formally rejected the appointments, while others pointed out the political roots of the conflict. (RELATED: Tough Rematch: Del. Obenshain Faces Franklin in Rematch for 41st District)

Central to the battle are university policies on racial discrimination. Youngkin has pushed universities to dismantle DEI and other illegal racial discrimination policies in accordance with federal law.

The Democrat lead lawsuit will be heard in Fairfax County court.