VIRGINIA SENATE REPUBLICAN CAUCUS BLASTS BASELESS LAWSUIT OVER BOARD APPOINTMENTS

Richmond, VA – June 24, 2025

The Virginia Senate Republican Caucus today rejected the politically motivated lawsuit as baseless filed by several Democratic senators seeking to block the service of Governor Glenn Youngkin’s appointees to boards of visitors at three state universities.

Republican leaders called the suit “legally flawed,” “constitutionally unsound,” and “an act of political theater masquerading as constitutional concern.”

Senate Minority Leader Ryan McDougle and Senate Republican Caucus Chair Mark Obenshain issued the following joint statement:

This lawsuit is a blatant attempt by Senate Democrats to do in the courtroom what they failed to do through legitimate legislative processes. It rests on a fundamentally erroneous interpretation of the Virginia Constitution and ignores both procedural rules and historical precedent.” — Senator Ryan McDougle

We have a long and bipartisan tradition of respecting the independence of the Clerk of the Senate. That independence was compromised here. The Clerk has since clarified that the June 10 letter—which purported to declare the appointments rejected—was issued at the direction of the committee chair and does not reflect her legal judgment. That admission fatally undermines the plaintiffs’ case.” — Senator Mark Obenshain

The Republican leaders noted that the Virginia Constitution requires bicameral action for the General Assembly to refuse confirmation of gubernatorial appointments. The lawsuit wrongly treats a committee vote in one chamber as dispositive. Further, Senate rules allow for reconsideration and discharge of the committee, and the House of Delegates remains free to originate a resolution. Until those avenues are exhausted—or the General Assembly adjourns sine die—there has been no “refusal to confirm.”

The Clerk of the Senate, Susan Clarke Schaar, confirmed in her correspondence that multiple procedural paths remain open for the General Assembly to act on the appointments. She also acknowledged that her June 10 letter was issued “at the direction of leadership,” not as an expression of independent constitutional judgment.

Senate Democrats are misusing the courts to advance a political agenda,McDougle added.

Obenshain concluded, “Virginia deserves better than this sort of political lawfare. We’re confident the courts will see through it.

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