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The chambers of the West Virginia Supreme Court of Appeals

With State Supreme Court Justice Beth Walker’s recent retirement, Governor Patrick Morrisey will now have an opportunity to maintain a fair and balanced state Supreme Court by appointing another solid conservative voice. 

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Thomas

For decades, West Virginia had one of the most liberal state Supreme Courts in the entire country — packed with activist judges such as Warren McGraw and Robin Davis. Fortunately, the election of judges such as Beth Walker and Tim Armstead has helped turn the court around to restore credibility, balance and public trust in the judiciary. With this upcoming appointment, Governor Morrisey can continue that progress to ensure the court remains grounded in constitutional principles and judicial restraint.

As Governor Morrisey makes his decision, West Virginia Citizens Against Lawsuit Abuse hopes the governor will keep the tumultuous history of our Judiciary in mind. For 10 years, West Virginia was on the American Tort Reform Foundation’s Judicial Hellholes list because of our liberal, activist court and the Legislature’s inability to pass any meaningful legal reforms.

After replacing the members of the state Supreme Court with new, fair and impartial justices, West Virginia’s reputation for having one of the nation’s most unfair legal climates significantly improved. The state began moving off the Judicial Hellholes list and onto the Watch List and Points of Light sections. This progress coincided with the passage of  dozens of legal reform bills following when Republicans took control of the Legislature in 2014. As a result, West Virginia worked its way off the Judicial Hellhole list and saw economic growth — record job creation, increased revenue and controlled spending. That led to the largest tax cut in state history. 

The personal injury lawyer industry may have been down, but it is far from out. In a strategic shift, trial lawyers have embarked on a new strategy of giving hundreds of thousands of dollars to liberal Republican candidates who have started voting like the Democrats did for decades. These so-called ‘Republicans’ are aggressively pushing the agenda of the personal injury lawsuit industry and a series big-government bills that threaten the legal reforms and economic progress our state has worked so hard to achieve over the last couple of decades. 

This summer, Governor Morrisey will get to shape the future of the West Virginia Supreme court by choosing a new justice – someone  who will then have to run for election next year. Picking a real conservative will not only be the best option to maintain the positive direction of the State Supreme Court, but it will also put us in the best position to fend off what will surely be a well-funded challenge from the uber-wealthy personal injury lawyer’s candidate next year. 

A principled and proven conservative justice will give voters a clear choice and help defend the progress we’ve made against a well-funded trial bar effort to take our courts and our state backward. West Virginians deserve better.

Thomas is the executive director of West Virginia Citizens Against Lawsuit Abuse.

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