West Virginia Attorney General issued the following announcement on Jan. 15.
West Virginia Attorney General Patrick Morrisey expressed optimism Wednesday after arguments to uphold the state’s right-to-work law, believing his office put forth a strong case before the state Supreme Court of Appeals on why the measure is constitutional.
The Attorney General’s Office urged justices to overturn a lower court’s ruling, arguing that little to nothing has changed since the state’s high court allowed the law to take effect more than two years ago.
“West Virginians deserve clarity once and for all,” Attorney General Morrisey said. “Our arguments underscore that nothing in the state’s Workplace Freedom Act violates the Constitution, state or federal law. We remain hopeful the state Supreme Court of Appeals will agree and enter a ruling that keeps with its own precedent and the unanimous agreement of every federal and state appellate court in the nation that has rejected similar claims.”
The state Legislature passed the Workplace Freedom Act in February 2016. It allowed West Virginia to become the 26th right-to-work state in July 2016.
The state Supreme Court sided with the Attorney General in September 2017 by striking down a preliminary injunction that purportedly delayed the law from taking effect. In doing so, the justices ruled those seeking to block the law had failed to show likelihood of success in what would become Wednesday’s argument – the merits of their constitutional claim.
The U.S. Supreme Court and other courts have repeatedly rejected legal arguments similar to those arguing against West Virginia’s law.
The Attorney General argues the Workplace Freedom Act does not constitute an unlawful taking, but instead, unions voluntarily decide whether to represent nonmembers. That choice comes with both costs and benefits that unions must weigh when deciding how they want to organize.
Original source can be found here.
