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West Virginia Democrats will have their day in court next month to argue over a seat in the House of Delegates. On the same day, the state’s Board of Education will argue for its continued independence.
On Tuesday the state’s highest court set argument for Sept. 22 at 10 a.m. in the case of Mike Pushkin, Stephen Willingham, and the West Virginia Democratic Party v. Patrick Morrisey and Roger Hanshaw.
The suit was filed days before Morrisey appointed Republican Ian Masters to replace Joseph DeSoto to represent Berkeley County.
De Soto was elected in 2024 but was ousted from the House of Delegates before he was sworn in after making threats against multiple lawmakers over text and email. The day before his arrest, De Soto changed his political affiliation from Republican to Democrat, creating confusion and debate over which party would appoint his replacement.
Democrats have argued that a 2018 law requires that DeSoto’s successor hold his political affiliation upon removal, but Republicans maintain the rule would only apply if DeSoto was sworn in.
Another, related suit that only named Morrisey as a defendant was dismissed by the Supreme Court last year.
Passed last year, House Bill 2755 requires West Virginia Board of Education policies to go through the Legislative Oversight Commission of Education Accountability, and the full legislature for approval, rejection or modification before those policies can become effective
The board maintains such oversight is unconstitutional. The 1988 State Supreme court ruling West Virginia Board of Education v Heckler determined that laws interfering with the board’s rulemaking authority are unconstitutional.
The court will hear arguments in the case of West Virginia Board of Education and Michele Blatt, State Superintendent of Schools versus Kris Warner, West Virginia Secretary of State Sept. 22 at 1 p.m.
A ballot initiative in 2022 to change the state constitution to allow for legislative oversight of the board failed.
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The DEP requested the document at the end of July after receiving correspondence questioning Fundamental’s ownership and control of their proposed building site between the towns of Thomas and Davis.
Continue Reading Take Me to More NewsThe U.S. Chemical Safety and Hazard Investigation Board (CSB) released an update Thursday from its investigation of the Ames Goldsmith Corporation’s Catalyst Refiners, Inc. explosion.
Continue Reading Take Me to More NewsExperts from West Virginia-American Water are heading to the town of Wayne next week, to search for leaks in the water system there.
Continue Reading Take Me to More NewsThe United Mine Workers of America (UMWA) is demanding the immediate enforcement of federal silica dust protections in central Appalachian coal mines, in a statement released Thursday.
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