Virginia is on its way to having a record three African-American judges on the state’s highest court — courtesy of the frayed relationship between Democratic Gov. Terry McAuliffe and Republican leaders who control the General Assembly.

In a slap at Gov. McAuliffe for apparently ignoring them, top GOP legislators announced this week that House and Senate Republicans would take the virtually unprecedented step of rejecting the person the governor had appointed to the Virginia Supreme Court, in this case an experienced white female judge.

Instead, the GOP lawmakers disclosed they would replace her with a veteran African-American judge, Rossie D. Alston Jr. of Prince William County, according to a statement released Sunday night by House Speaker William J. Howell, R-Stafford County, and Senate Majority Leader Thomas K. Norment, R-James City County.

While it appears to be a done deal, the governor and Republican leaders still have time to cut a deal that would change this outcome, though that seems less than likely. Both sides seem dug in.

Now on the state intermediate Court of Appeals, Judge Alston would join two other African-American justices, S. Bernard Goodwyn and Cleo Powell, on the seven-member Supreme Court once the General Assembly elects him.

The court now has two female members, Justice Elizabeth A. McClanahan and Justice Powell, the first African-American woman.

Justice Alston’s election could happen as soon as Monday, Aug. 17, when the governor has called a special session to redraw boundary lines for Virginia’s congressional districts. A federal court previously ordered the lines redrawn and approved by Sept. 1 to cure unconstitutional packing of African-Americans into the 3rd Congressional District.

The elevation of Judge Alston would not only add to African-American influence on the Supreme Court, but also would make history.

The National Bar Association, which is comprised primarily of African-American lawyers and judges, could find no record of any other state having so many African-American justices on the highest court at one time, even during the Reconstruction period after the Civil War.

(Judge Alston’s promotion, though, would leave the intermediate Court of Appeals without any African-American judges for the first time since 2007.)

Judge Alston was elected to the appeals court in 2009, after serving eight years on the Prince William County Circuit Court. A graduate of Averett University and North Carolina Central University School of Law, he earlier served three years as a general district court judge in Prince William.

The tiff that opened the door for Judge Alston to move up began July 27, when Gov. McAuliffe publicly named Fairfax Circuit Court Judge Jane Marum Roush to replace Justice Leroy F. Millette, who retired July 31.

The governor selected her from a short list of candidates, who included Judge Alston.

The governor was entitled to temporarily fill the high court vacancy because the General Assembly, which elects judges, was not in session. However, Justice Roush still needed to be confirmed by the legislature at its next session or she would have to step down.

At the time, Gov. McAuliffe seemed certain the General Assembly would approve the highly respected Judge Roush to a full 12-year term when it next convened, possibly at the special session.

After all, Judge Roush spent 22 years on the Fairfax court and presided with distinction over numerous high-profile cases, including the trial of notorious sniper Lee Boyd Malvo. And she had been recommended to the governor by Delegate David B. Albo, R-Springfield, chair of the House Courts of Justice Committee, which hands judicial selections for the lower house.

Also, the legislature traditionally has gone along with the governor’s choice. State records show the legislature last removed a seated Supreme Court justice in 1900.

So Judge Roush resigned from the Fairfax Circuit Court and was sworn in last weekend. The Supreme Court showed its certainty she would be permanent by posting on the court website that she would serve until July 31, 2027, even though she was not yet confirmed. That posting was still on the site Wednesday.

But all of that certainty went out the window last weekend with the press release from Speaker Howell and Sen. Norment stating that the Republican House and Senate caucuses had met and had decided to elect Judge Alston.

“Judge Alston has the experience to be an outstanding addition to the Supreme Court of Virginia,” Speaker Howell noted.  “While several great candidates were considered, Judge Alston’s experience on the Court of Appeals and his service as a chief judge for the 31st Circuit (Prince William) makes him ideally suited for this vacancy.”

The statement also noted Judge Alston was endorsed by four lawyers’ groups, including the Virginia State and Old Dominion bar associations.

While Justice Roush was considered, Judge Alston had more support, the leaders stated. “It is our intention to elect him at the special session,” they stated, assuming it is held as scheduled

Because Republicans hold majorities in both the House and the Senate, party members rule in judicial selections when they stick together. The governor cannot veto a person both houses approve.

Clearly upset, the governor told the Free Press he ran “an open process and took input from many legislators” before choosing Justice Roush. That included Delegates Albo and Gregory D. Hadeeb, R-Salem.

“To have GOP leaders fire a qualified nominee in a political temper tantrum over process is less than Virginians deserve,” the governor stated. “This does not send a good message to women around the commonwealth.”

According to his office, Gov. McAuliffe was not told about this “purely political action until shortly before the (press) release went out in the middle of the night.”

Speaking on background, a Republican insider said the governor brought this on himself.

While he worked with Republicans to craft a budget and avoid a deficit, Gov. McAuliffe has upset the fragile harmony with his recent failure to consult with the Republican leadership on important actions, the insider told the Free Press.

Speaker Howell and others already were miffed that Gov. McAuliffe called the Aug. 17 special session on congressional redistricting without any consultation, the source said. The Republicans had requested the federal court extend the deadline to redraw the lines until mid-November, but the court rejected that request Wednesday.

According to the insider, the governor and his staff added fuel when he did not clear his choice for the Virginia Supreme Court with Speaker Howell and Sen. Norment, both of whom have since confirmed they were not consulted.

Failing to consult with Sen. Norment, who is co-chair of the Senate Courts of Justice Committee that also plays a big role in judicial selections, “was a big mistake,” the source said. “Sen. Norment is not someone you ignore. He is tough, he is mean and he’s going to make you pay.”

The governor’s reliance on Delegate Albo’s recommendation also showed some political naiveté, the insider said. “Delegate Albo is not in the leadership. He does not speak for the (Republican) caucus.”