CHARLESTON — The West Virginia Supreme Court ruled that a Kanawha circuit court could not issue an injunction against the governor pertaining to the state's charter schools law.
Justice Tim Armstead authored the June 8 opinion. He wrote that after careful analysis, it has been determined that the respondents do not possess the standing to pursue the preliminary injunction against Gov. Jim Justice.
This is due to the fact that the governor lacks the authority to authorize public charter schools and even if the injunction were granted against him, it would not prevent the West Virginia Professional Charter School Board, a non-party in this case, from authorizing public charter schools, Armstead wrote.
As a result, the circuit court's order has been reversed, the preliminary injunction has been dissolved, and the case has been remanded for further proceedings.
Attorney General Patrick Morrisey applauded the decision by the court.
"We have been saying it all along: the senate president, speaker of the house and governor were not the proper parties to the preliminary injunction sought by the plaintiffs," Morrisey said. "Because of that, the plaintiffs lack the jurisdictional standing necessary to pursue relief in court. Even so, the circuit court enjoined the governor. Our office’s efforts and the Supreme Court’s ruling ensure that the government officials are not enjoined when the statutory authority is actually assigned to other state agencies."
The National Coalition for Public School Options also applauded the court's decision.
"On behalf of parents across the Mountain State, we want to thank the West Virginia Supreme Court of Appeals for their decision today," the coalition said in a statement. "While the decision may not put the issue completely to rest, we are pleased that the court recognized that in their zeal to strip parents of education choice, charter school opponents did not even sue the right parties when they decided to sue Governor Justice."
The coalition also thanked Justice and the state legislature for passing legislation that allows charter schools to serve students and provides families with a much-needed choice in their child’s education.
"As amicus parties in the case, PSO will continue to stand firm with Attorney General Patrick Morrissey and West Virginia families in the face of any further attacks against the law and a parent’s right to make educational decisions for their child," the coalition said in its statement.
Armstead wrote that the court found that the respondents have not satisfied the causation or redressability prongs of the standing test and because they do not have standing for the injunctive relief at issue against Justice, the court is reversing the circuit court's order and dissolving the preliminary injunction.
West Virginia Supreme Court of Appeals case number: 22-0070