Virginia Universities – Restoring Stability

                    Professor Stuart S. Malawer (George Mason University)

                                                           Virginia Universities (VP) (Nov. 2025).

The recent Virginia election has opened a real possibility for restoring stability and integrity to the Commonwealth’s public university system. The elections of Spanberger and Jones create an important opportunity to reverse the damaging effects of the Trump–Youngkin–Miyares campaign against the Boards of Visitors and university counsel offices. These efforts must be halted—and will almost certainly be undone.

The recent neo-Nazi controversy at the Heritage Foundation has further eroded confidence in the Youngkin-appointed university rectors connected to that institution. Moreover, the Virginia Supreme Court’s decision striking down Youngkin’s appointments to the Boards of Visitors at George Mason University, VMI, and UVA has effectively dismantled what remains of Youngkin’s educational legacy.

Youngkin, with a smile, embraced Trump’s harsh policies—including those targeting international students—while Miyares enforced them with a snarl. Virginia now has an opportunity to chart a new course and put an end to the inexplicable attacks by the governor and attorney general on the Commonwealth’s leading universities. Ultimately, Youngkin’s most enduring legacy may prove to be the blue wave generated in the recent election, which even produced new Democratic gains in rural counties for the first time.

As a former faculty member at George Mason University teaching international law and global trade for over forty years in both the law school and the newer public policy school, I am proud of George Mason University and its president for standing firm against both the Trump and Youngkin administrations. A diverse and global student body is essential to a university education today and competing in today’s global economy. This is essential to a broad range of industries in Northern Virginia, Richmond and Tidewater as well as agriculture throughout Virginia.

The new Spanberger administration should be fully prepared to confront the Trump administration in federal court. The federal judiciary has repeatedly shown itself to be a viable—if not the only—battleground for safeguarding the nation from presidential abuses of power and law.  This is underscored even more today Trump’s fierce opposition to the pending Supreme Court litigation seeking reversal of his tariffs, by Trump’s newest proposals to dismantle the U.S. Department of Education and his continuous attacks on foreign students – resulting in declining international student enrollment.

What is needed now is strong legal advocacy from the new attorney general and firm leadership from the new governor, supported by the General Assembly and its newly elected members.

It is encouraging that the new governor has already taken a decisive step regarding UVA by calling for a pause in its presidential search under the Youngkin-appointed Board of Visitors.

Virginia’s public universities are essential to the Commonwealth’s economic development. They have been a driving force in building a highly skilled workforce and have contributed significantly to Virginia’s long-standing recognition by CNBC as “the best state for doing business”—a distinction earned more times than any other state.

Just as importantly, Virginia’s public universities have played a central role in Virginia’s successful engagement in the global trading system for many decades, attracting new businesses and investment and, in turn, expanding employment and prosperity throughout the Commonwealth. In the light of the Trump-induced chaos in both domestic and global politics today, a strong public university system is vital to Virginia and is critical to our national interest.

………………………………………

Stuart S. Malawer, J.D., Ph.D., Distinguished Service Professor of Law and International Trade (Emeritus) at George Mason University. Former gubernatorial appointee to the board of the Virginia Economic Development Partnership and to the Advisory Committee on International Trade. Former Chair of the International Section of the Virginia State Bar.

…………………………………………

“In a loss for Gov. Glenn Youngkin and the state attorney general’s office, the Supreme Court of Virginia will not review a lower court’s ruling that blocked three Virginia universities from seating rejected Youngkin board appointees …. Representing the rectors of George Mason University, the University of Virginia and Virginia Military Institute, state Attorney General Jason Miyares office had asked the state’s high court to overturn a Fairfax County Circuit Court judge’s temporary injunction issued in July. That injunction prevented the rectors from recognizing eight Youngkin board appointees who were not confirmed by a Democratic-controlled state Senate committee …. Senate Majority Leader Scott Surovell tweeted Monday that the state Supreme Court “has affirmed the Senate P&E committees’ authority to reject gubernatorial nominations because MAGA rules don’t work in Virginia where we still have a rule of law that Youngkin and Miyares have to follow.” The political dispute over university governance has hit a fever pitch this year under the Trump administration’s investigations into diversity, equity and inclusion initiatives and alleged antisemitism at the University of Virginia and George Mason University …. George Mason’s president, Gregory Washington, is still in office despite coming under heavy criticism by congressional Republicans and the U.S. Department of Education, which found in August that the university violated federal civil rights law.” “Virginia Supreme Court and Youngkin’s Board Appointments — Governor Loses” Virgina Business (Nov. 18, 2025).

“The Virginia Supreme Court has refused to take up a case that suspended multiple appointees by Gov. Glenn Youngkin from serving on three Virginia university governing boards. Virginia Attorney General Jason Miyares appealed to the court after the Fairfax County Circuit Court suspended eight governing board appointments from serving at George Mason University, Virginia Military Institute and the University of Virginia. The 15-member Senate Committee on Privileges and Elections rejected 22 appointments in the past year and the issue has been one of several that rocked Virginia’s higher education landscape in 2025.” “Virginia Supreme Court and Youngkin’s Board of Visitor Appointments.” Virginia Mercury (Nov. 17. 2025).

“Virginia’s governor appoints the board members at each campus who oversee the state’s public university system, and conservative board members and alumni have engineered efforts to oust leaders of the universities, largely over disputes about diversity initiatives …. Virginia may be an early example of how shifting political control could hobble the White House’s national campaign to change higher education …. The Trump administration also set its sights on George Mason, claiming that its first Black president, Gregory Washington, unlawfully favored underserved minority candidates in hiring and promotion, and demanded that he issue a public apology. Dr. Washington has refused …. On Thursday, Republicans on the U.S. House Judiciary Committee stepped up the pressure campaign against Dr. Washington by releasing a 50-page report that accuses him of unlawfully discriminating against white and Asian job candidates in favor of Black and Latino applicants, and of lying to congressional staff members about the matter. Douglas Gansler, a lawyer for Dr. Washington, strongly denied the accusations.” “Virginia and Higher Ed.” New York Times (Nov. 11, 2025).

“And the rule of law? England was the birthplace of the Industrial Revolution partly because of a legal system that offered protection and predictability. In contrast, Trump has periodically defied lower courts and used the Department of Justice to punish his political opponents ….  These three factors (universities, trade and law and immigration) are central to America’s rise as the world’s leading power today. And these strengths are now being systematically undermined, especially universities, trade, the rule of law and recruitment of the world’s best minds …. But decline seems to me more likely if America chokes trade and immigration while stifling universities.”  “Universities, Trade and Law – Innovation.” New York Times (11.16.25).