History repeats itself.
As occurred with his predecessor Bert Ellis, Ken Cuccinelli now faces vocal opposition to his appointment to the University of Virginia’s governing Board of Visitors.
On Wednesday, 17 student-led organizations, along with the executive committee of the American Association of University Professors at UVa, signed a letter addressed to the entire Virginia General Assembly saying Cuccinelli should not sit on the board given his “track record of undermining the rights and safety of marginalized groups.”
The two-page document specifically highlights several moments over the course of Cuccinelli’s tenure as attorney general from 2010 to 2014 under Republican Gov. Bob McDonnell, including his opposition to legalizing same-sex marriage and abortion and, closer to home, an investigation he launched into climate research conducted at UVa.
After serving in the McDonnell administration, Cuccinelli made an unsuccessful bid for the Executive Mansion. He later served as the deputy secretary of the Department of Homeland Security during President Donald Trump’s first term.
“Rather than working to protect members of our University community, Mr. Cuccinelli has demonstrated time and time again a commitment to persecuting and marginalizing the very people — Black and brown students, queer students, immigrants, and others — whose labor, voices, and perspectives have helped build this University into the institution it is today,” reads the letter, signed by the likes of the University Democrats, the National Lawyers Guild at UVa Law, the Minority Rights Coalition and the United Campus Workers of Virginia.
Cuccinelli has flatly denied the allegations made in the letter.
“My only comment is that I disagree with the substance and characterizations in the letter, but everyone has a right to their own opinion,” he told The Daily Progress via email.
A UVa alumnus, Cuccinelli was appointed by Republican Gov. Glenn Youngkin to fill the vacancy on the 17-member Board of Visitors after Youngkin fired Ellis, one of his own appointees, on March 26. The governor told Ellis in a letter that he had “violated the Commonwealth’s Code of Conduct for our Boards and Commissions and the Board of Visitors’ Statement of Visitor Responsibilities.”
Ellis is a UVa alumnus himself and went on to become a prominent businessman based in Atlanta. He is a founding investor of the WebMD platform, owner of Los Angeles TV station KDOC-TV and, more locally, part-owner of the White Spot burger joint in the UVa-adjacent Corner shopping district. Ellis, known for his combative and caustic personality, is perhaps best known for a 2020 incident in which he carried a razor blade to UVa Grounds to remove a sign hanging on a dormitory door that read, “F—k UVa.”
Students, faculty and staff across UVa Grounds protested Ellis’ appointment to the Board of Visitors in 2022. State Sen. Creigh Deeds, D-Charlottesville, attempted to have Ellis’ name removed from the confirmations list before the General Assembly. All of to no avail.
Ellis has said in interviews after his firing that Youngkin knew who he was when he was brought onto the board and that the governor wanted him to be a sort of junkyard dog, specifically targeting the diversity, equity and inclusion, or DEI, apparatus constructed by UVa President Jim Ryan’s administration.
Youngkin lauded his replacement in a statement released the day he fired Ellis.
“Ken’s legal and policy expertise will be incredibly valuable to ensure swift action with the ongoing changes and challenges in higher education,” Youngkin said in that March 26 statement. “I have full confidence he will help ensure Mr. Jefferson’s University remains a place of opportunity, merit, and academic freedom.”
Wednesday’s letter to the General Assembly argues Cuccinelli should be “ineligible for a position of authority at the University” because of his history of attacking civil rights, a history that includes:
A 55-page brief Cuccinelli submitted in 2013 to the U.S. Supreme Court for the Hollingsworth v. Perry case in which he wrote that gay marriage will lead to polygamy and “there is no coherent reason for government to recognize same-sex marriages.”A 2010 letter to all higher education leaders in Virginia recommending the terms “sexual orientation,” “gender identity” and “gender expression” be removed as protected classes in nondiscrimination policies.A 2012 Family Foundation speaking engagement in which Cuccinelli drew comparisons between the fight against slavery and the anti-abortion movement: “Over time, the truth demonstrates its own rightness, and its own righteousness. Our experience as a country has demonstrated that on one issue after another. Start right at the beginning — slavery. Today, abortion.”And Cuccinelli’s involvement in the creation of Project 2025, a policy guide for transforming the federal government pushed by conservative think tank the Heritage Foundation. In that document, Cuccinelli advocates for U.S. Immigration and Customs Enforcement arresting and deporting individuals “without warrant where appropriate.”
Another concern was Cuccinelli’s own prior dealings with UVa.
In 2010, Cuccinelli launched an investigation into the work of UVa professor Michael Mann, who focused on humanity’s impact on global warming and climate change. Faculty decried the investigation as infringing on academic freedom, and the Virginia Supreme Court later ruled Cuccinelli had no legal right to the specific documents he had demanded from UVa.
“At the heart of the University of Virginia is a commitment to open inquiry — the freedom to ask difficult questions, explore diverse perspectives, and follow evidence without fear of political interference,” according to the Wednesday letter to the General Assembly. “Members of the Board of Visitors should embody and protect these ideals — not misuse public resources to undermine them.”
Cuccinelli’s nomination will come before the General Assembly on Sunday, at which time the letter’s signatories are asking the 140-member legislature reject Youngkin’s appointee. When the assembly will vote on the matter has yet to be announced.
According to the Office of the Secretary of the Commonwealth, there are, on average, roughly 900 gubernatorial appointments made each year. While these historically pass unchallenged, earlier this year, the state Senate did block two Youngkin-appointees — Quintin Elliott and John Clifford Foster — to the Virginia Military Institute’s Board of Visitors.
Some state lawmakers have already made clear how they intend to vote.
Del. Katrina Callsen, D-Albemarle, released a statement on X Wednesday reminding people of Cuccinelli’s investigation into UVa research.
“He misused his office to pursue meritless, politically-motivated lawsuits against professors he didn’t agree with. He lost,” wrote Callsen. “He hampered and threatened UVa. No trophy for him.”
Though he has yet to be officially confirmed to UVa’s Board of Visitors, Cuccinelli has already been involved in some of the university’s latest decision making.
He was present at the group’s most recent meeting on April 29, when the board made its controversial vote to apply for the Trump-shuttered Federal Executive Institute in Charlottesville and issued a resolution to repeal a statement of “Support for Racial Equity Initiatives.” That statement was previously approved by the board in 2020, forming a Racial Equity Task Force and calling for the investment of nearly $1 billion in programs with similar missions.
Source: www.dailyprogress.com
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