by James A. Bacon
In early October Governor Glenn Youngkin asked Attorney General Jason Miyares for a formal opinion on a seemingly innocuous question: Whose interests are members of Virginia’s public university governing boards supposed to represent? Miyares responded that the “primary duty” of the boards of visitors is to the commonwealth, not to the institutions themselves. The conclusion would seem to be so obvious, so clearly the intent of the state code, that it doesn’t warrant discussion.
But some people espy a vague but malign intent behind the finding.
Speaking to the higher-ed trade journal, Inside Higher Ed, Claire Gastañaga, former director of Virginia’s ACLU and a former deputy attorney general overseeing Virginia’s public colleges and universities, said Miyares’ opinion is a threat to the autonomy of public institutions. In the publication’s words, she “fears it signals an attempt by the governor to justify the removal of board members whose actions don’t align with his priorities” and replace them with appointees who share his priorities. Gastañaga pointed to the Bert Ellis bogeyman as evidence that Youngkin is scheming something nefarious. Continue reading