CHARLESTON — West Virginia Attorney General Patrick Morrisey's office has filed an opening brief asking the state Supreme Court of Appeals to dissolve the permanent injunction against the Hope Scholarship Act and remand the case back to Kanawha Circuit Court for dismissal.
“The decision by a Kanawha Circuit Court judge is flawed in many ways and only does one thing: render harm to the thousands of families set to receive funds from the act,” Morrisey said. “This is about the rights of those parents to choose the best possible education for their children, and the act is a vehicle to make that happen.”
According to the filing, the act passed by the Legislature and signed by the Governor last year “sought to open more doors for our state’s most vulnerable population — our children.” The act would provide money for students leaving the public schools system — the scholarship allows families to use the funding for a variety of expenses, including tuition and fees at participating private schools and other educational activities.
Morrisey
The act “did not draw a cent from the School Fund or take anything from appropriations reserved for public education,” Morrisey's brief states.
It also says the circuit court “straightjacketed the Legislature on education matters, barring it from spending state funds on any educational initiative beyond traditional public schools.”
“Parents and children deserve the chance to enjoy the opportunities the Hope Scholarship Act offers,” Morrisey said.
The state Supreme Court has scheduled an expedited hearing on the state’s appeal for October 4.
Some amicus briefs supporting Morrisey's appeal have been filed. Those include briefs by Bishop Mark E. Brennan of the Diocese of Wheeling-Charleston, yes.every kid.Foundation, Americans for Prosperity Foundation, EdChoice, Foundation for Excellence in Education, Cardinal Institute for West Virginia Inc., Catholic Education Partners Foundation and Goldwater Institute.
West Virginia Supreme Court of Appeals case number 22-616