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WEST VIRGINIA RECORD

Thursday, April 3, 2025

U.S. Supreme Court

Recent News About U.S. Supreme Court

  • West Virginia's comeback begins now

    By Patrick Morrisey |
    CHARLESTON – Historic and unprecedented. Those words illustrate West Virginia’s seismic victory recently at the U.S. Supreme Court – a victory that reverberated across the nation instilling hope in the state’s coal industry and forcing bureaucrats to think twice before using executive regulation to bring about radical change. The ruling, issued Feb. 9, immediately stopped President Obama from implementing the centerpiece of his coal-killing agenda. It limits further economic damage by freezing t

  • Morrisey, other AGs push to USSC to protect property rights

    By Chris Dickerson |
    CHARLESTON — West Virginia Attorney General Patrick Morrisey is leading a 21-state bipartisan movement urging the U.S. Supreme Court to affirm a lower court’s ruling that protects the rights of property owners nationwide. The coalition’s amicus, or friend of the court, brief says property owners are entitled to immediately challenge the U.S. Army Corp of Engineers in court anytime its officials label someone’s property as a protected wetland.

  • U.S. SC vacates, remands W.Va. arbitration ruling

    By Chris Dickerson |
    WASHINGTON – The U.S. Supreme Court has vacated and remanded a 2015 arbitration ruling back to the West Virginia Supreme Court. Last year, the state Supreme Court ruled in the case of Schumacher Homes Inc. v. Spencer. In it, the Justices said the delegation provision in an arbitration clause does not clearly or unmistakably reflect an intention by the parties to assign to the arbitrator all questions about the enforceability of the clause.

  • Capito, Manchin urge court to halt EPA Clean Power Plan

    By Chris Dickerson |
    WASHINGTON – West Virginia's U.S. Senators Shelley Moore Capito and Joe Manchin filed an amicus brief supporting the state's effort to stop the EPA’s Clean Power Plan. Capito, a Republican, and Manchin, a Democrat, signed the amicus brief spearheaded by Senate Majority Leader Mitch McConnell (R-Ky.,) Senate Environment and Public Works Committee Chairman Jim Inhofe (R-Okla.), House Energy and Commerce Committee Chairman Fred Upton (R-Mich.) and House Energy and Power Subcommittee Chairman Ed Whi

  • States file opening briefs against EPA’s Clean Power Plan

    By Jessica Karmasek |
    Earlier this month, the U.S. Supreme Court stayed enforcement of the agency’s new rule until arguments in the case conclude. Arguments on the plan’s legality are scheduled for June before the federal appeals court.

  • Thank you, Justice Scalia

    By The West Virginia Record |
    One of the last acts of Supreme Court Justice Antonin Scalia before his death last week was to explain high court’s majority view in granting a stay of the implementation of the Environmental Protection Agency's Clean Power Plan, pending the outcome of a challenge now being considered by the U.S.

  • Workplace Freedom Act moves the state forward

    By Jordan Hill |
    CHARLESTON – By now I’m sure most West Virginians have heard the talking points: “Right-to-work is wrong,” and, “Right-to-work is the right to work for less.” But are these oft repeated phrases accurate?

  • CALA continues to push intermediate court of appeals

    By Chris Dickerson |
    CHARLESTON – As the state legislative session enters its second half, a legal reform group is making another push for lawmakers to consider creating an intermediate court of appeals.

  • Morrisey: States have no legal obligation to comply with halted Clean Power Plan

    By Jessica Karmasek |
    The attorney general, joined by Texas Attorney General Ken Paxton, sent a letter Friday to two groups representing state environmental and utility regulators across the nation, pointing to the U.S. Supreme Court’s stay of the EPA’s new rule earlier this week.

  • U.S. SC sides with states, halts EPA’s Clean Power Plan

    By Jessica Karmasek |
    West Virginia Attorney General Patrick Morrisey and Texas Attorney General Ken Paxton hailed the high court’s decision to stay the agency’s new rule, calling it a “major victory” for Americans. The White House disagreed with the court’s order, but said it is confident the agency will prevail in the court challenge.

  • W.Va, other states file reply in Clean Power Plan stay request

    By Jessica Karmasek |
    The states contend that if left unstayed, the EPA’s new rule will force “massive and irreversible changes” in terms of state policies and resources, power plant shutdowns, and investments in wind and solar power.

  • AGs want U.S. SC to stay EPA’s Clean Power Plan

    By Jessica Karmasek |
    CHARLESTON – West Virginia Attorney General Patrick Morrisey, along with officials from 30 other states and state agencies, are now asking the U.S. Supreme Court to put the Environmental Protection Agency’s Clean Power Plan on hold.

  • Court denies states' request for stay of Clean Power Plan

    By Jessica Karmasek |
    West Virginia Attorney General Patrick Morrisey, who is leading a coalition of states against the federal agency’s new rule, says he is considering an appeal with the U.S. Supreme Court.

  • U.S. Senate fails to override Obama veto of resolution nullifying EPA ‘Waters’ rule

    By Jessica Karmasek |
    Sens. Shelley Moore Capito and Joe Manchin both voted Thursday to override Obama’s veto. The Senate fell 15 votes short.

  • Women sue coal company for refusal of same-sex spousal benefits

    By Kyla Asbury |
    MOUNDSVILLE – Two women are suing the Marshall County Coal Company after they claim it refused to provide same-sex spousal benefits. Trustees of the UMWA Retirement Fund, Blue Cross Blue Shield PPO Program, Murray American Energy Inc. Play 107 were also named as defendants in the suit. As of Nov. 7, 2014, Brittni Ann Rice became the lawful spouse of Jennifer Kay Riggle and, as Riggle was an employee of the coal company and a participant in a health benefit program offered by the company, it wa

  • Justices issue ruling about plea talks, exculpatory evidence

    By Kyla Asbury |
    CHARLESTON – The West Virginia Supreme Court of Appeals has issued a ruling regarding the prosecution's obligation to disclose exculpatory evidence during plea negotiations. In the appeal to the state Supreme Court, the court ruled that Joseph A.

  • Calif. governor says Morrisey, Texas AG grandstanding on climate issue

    By Chris Dickerson |
    SACRAMENTO – California Gov. Jerry Brown says the attorneys general of West Virginia and Texas are guilty of “crass obstructionism” as they seek to gain momentum against President Obama’s environmental agenda. Last week, West Virginia Attorney General Patrick Morrisey and Texas AG Ken Paxton sent a letter to Secretary of State John Kerry in advance of next month’s United Nations climate summit also known as Paris 2015 and COP21.

  • AG's office reaches $13 million settlement with CashCall

    By Chris Dickerson |
    CHARLESTON — West Virginia Attorney General Patrick Morrisey's office has reached a $13 million settlement with CashCall, Inc., a non-bank private lender found to have engaged in abusive debt collections. The settlement, which was finalized last week in Kanawha Circuit Court, requires CashCall to make an immediate $10 million lump sum payment.

  • Morrisey, Texas AG urge feds before climate summit

    By Chris Dickerson |
    CHARLESTON — West Virginia Attorney General Patrick Morrisey, together with Texas Attorney General Ken Paxton, is calling upon U.S. Secretary of State John Kerry to fully acknowledge the legal limits faced by President Obama’s environmental agenda as the secretary negotiates at the upcoming United Nations summit on climate change, also known as Paris 2015 and COP21.

  • Sides argue need for intermediate appeals court

    By Chris Dickerson |
    CHARLESTON – Lawmakers have heard from both sides in the debate about whether West Virginia needs an intermediate court of appeals. During monthly interim meetings last week, the Joint Standing Committee on the Judiciary was urged to work to create the court in the upcoming session by members of West Virginia Citizens Against Lawsuit Abuse.