Evidently, Gov. Patrick Morrisey is trying to be a one-man judicial hellhole.
His tendency to take actions that exceed his statutory and/or constitutional authority has resulted in a heaping helping of litigation filed against him. A few examples:
| Sending West Virginia National Guard troops to Washington, D.C. in support of Donald Trump’s declaration of a “crime emergency,†under demonstrably false claims that the city had been “overtaken by violent gangs and bloodthirsty criminals.â€
Trump has a gift in being able to take a nugget of reality – in this case, that many Americans have a fear of crime in big cities, regardless of whether that fear is overblown, driven by news media that gives disproportionate coverage to violent crimes – and then staging a response that is outrageously blown out of proportion.
For progressives to point out statistics showing that crime rates in Washington and other major cities are declining is a no-win scenario, just as citing statistics last fall showing that rates of inflation were falling did little to dissuade voters concerned about high prices for various consumer goods.
A more effective argument would be pointing out the long list of red state cities that have higher violent crime rates than Washington, a list that just happens to include ÂÒÂ×ÄÚÉä and Huntington.
Yet, Morrisey has not seen fit to send the Guard to comparatively high crime cities in his own state, or to assist with ongoing flood recovery efforts in the northern panhandle and southern West Virginia.
As we have seen, the Guard was not sent to high crime neighborhoods in Washington, but to high profile and low crime areas such as the National Mall. Of late, guardsmen have been seen combating Trump’s supposed “out of control†crime wave by spending their days picking up trash and mulching flowerbeds.
And why do I suspect that when all is said and done, West Virginia taxpayers will end up bearing the brunt of the costs of this publicity stunt solely designed to help Morrisey curry favor with Trump?
In response, ACLU-West Virginia has filed suit against Morrisey, contending he lacks the constitutional or statutory authority to send the Guard to Washington in order “to serve as political props for a manufactured crisis.â€
| Unilaterally selling four state hospitals to a New York-based development firm without obtaining the approval of, or even consulting with the Legislature.
Indeed, the Legislature has repeatedly rejected bills proposing privatization of one or more of the state hospitals that Morrisey is selling.
Of course, the first question is, how can a private corporation not only pay $60 million for four long-term care facilities that currently have operating losses of $6 million a year, but also pledge to renovate and expand those facilities, manage to operate them profitably?
Erin Beck of Mountain State Spotlight might have provided a clue when she reported on an ongoing federal lawsuit against the company, Marx Development Group, contending that at least one of the company’s subsidiaries refuses to admit older patients who require wheelchairs or are incontinent to an assisted living facility it operates.
Attorney and state Sen. Joey Garcia, D-Marion, has given notice of his intent to sue Morrisey to stop the sale of at least one of the four facilities, arguing that Morrisey has no statutory authority to consummate the sale of any of the state hospitals.
It is also troubling that, to date, the governor’s office has refused to make public the written agreement with Marx Development Group to sell the facilities, despite FOIA requests for the same.
| Morrisey’s insistence on allowing religious exemptions to the state’s compulsory vaccination law, despite the Legislature’s refusal to codify such exemptions, and polling showing a vast majority of parents support the current law, has prompted not one, but two lawsuits.
In Kanawha County, ACLU-West Virginia and Mountain State Justice have refiled a lawsuit contending that Morrisey lacks the constitutional authority to impose the exemptions by executive order.
As Mountain State Justice Director Sarah Brown put it, “Gov. Morrisey is gambling with children’s lives to score political points.â€
Meanwhile, in Raleigh County, parents who favor the exemptions are suing the state Board of Education for instructing county school boards to follow current state law regarding vaccinations.
In support for that case, Morrisey’s attorneys have come up with a novel argument, contending that the provisions of the 2023 Equal Protection for Religion Act – the basis for Morrisey’s executive order -- take precedent “notwithstanding any other provision of law.â€
In other words, unless a given statute specifically prohibits religious exemptions, the religious exemption law takes precedent.
Mandatory seatbelt law? My religion forbids my being binded up.
Paying taxes? My faith tells me that the only legitimate governing body is the church.
Murder? She was a witch, and my religion mandates that witches be put to death.
Discrimination against members of the LGBTQ community? I believe homosexuality is a sin. (Which was precisely the intent of supporters of the Equal Protection for Religion Act.)
It’s fair to say all this litigation could have been avoided had Morrisey chosen not to repeatedly overstep his statutory and constitutional authority, all in a feeble attempt to emulate Trump’s authoritarian leanings.
Sadly, Morrisey’s actions are not to benefit the people of West Virginia, but to appease one person.
I’ve been around here long enough to remember when Republicans decried judicial hellholes, instead of being hell-bent on creating them.
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Speaking of the activation of the National Guard, I was displeased to see that a southern West Virginia TV station and a state newspaper (not this one) both had copied and pasted Morrisey press releases on the issue, without fact-checking any of Morrisey’s claims.
Both articles (one on the station’s website, the other in the publication itself) merely recited statements from the governor’s office and the Guard about how the mission is intended to “make the nation’s capital a clean and safe environment.â€
No effort to ascertain if crime in Washington is in fact at a level to constitute a national emergency, or if the police state is merely political theater staged by Trump in hopes of diverting attention from the administration’s apparent cover-up of the Epstein files.
No comments from Washington officials or residents, who overwhelmingly oppose the display of military force on city streets.
While I’m not happy when stenography passes for journalism, I understand how it happens.
My first job out of college was at an Ogdenesquely cheap newspaper that favored quantity over quality. Reporters had a daily quota to produce 40 column inches of copy. (A typical news article is about 15 column inches.)
I would aspire to do a couple of decent articles each day, with interviews, research, and background. However, when that last hour of the workday rolled around with some 10 column inches still unfilled, the temptation to rewrite a press release was overwhelming.
Nonetheless, I have two words of advice to reporters who likewise are tempted to rewrite press releases: Do better.
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If I had to bet my life savings on naming a current or former state legislator who never took a quid pro quo, never supported legislation for personal gain, and never lied, I would have a handful of options, but the sure bet would be Tim Armstead.
In addition to being honest to a fault, Armstead was sincere in his advocacy of conservative social issues, unlike many legislators who only talk the talk in hopes of winning votes from that portion of the electorate.
Although he became the first Republican House Speaker since the Great Depression in 2015, he eschewed the incendiary politics of the present day, leading the House at a time when bipartisanship was still a possibility.
As accounts of his passing noted, he was deeply religious, but not sanctimonious. Though his politics may have left much to be desired, he unquestionably was a good and decent man.
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Finally, rumors persist of a special session this fall on PEIA reform. Unlike many other issues, there are legitimate grounds for taking up PEIA prior to the 2026 regular session, given that the PEIA Finance Board adopts the health insurance plan’s rate and benefits package for the upcoming fiscal year in December. That’s in order to give local entities at least six months to come up with funding for any premium increases.
Since the board adopts a preliminary plan in November, a plan it takes out to a series of public hearings around the state prior to final plan approval in December, ideally any legislative changes to PEIA should take place no later than October.
If there is a special session, my question is, what happens to the Capitol press corps?
Nearly three months after multiple offices in the Capitol basement were flooded –- including the Press Room -- progress replacing flooring and baseboards has been slow, with the work being done in-house by the General Services Division.
While all other damaged offices are in varying stages of repair, work has yet to begin on the Press Room.
If a special session predates restoration of the Press Room, here’s hoping steps are taken to find alternative accommodations for the press corps.
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