So, we just received this order from the West Virginia Supreme Court in my email inbox.They denied our Petition for Writ of Mandamus. No explanation was given. That’s unfortunate. I spent 40 pages explaining why the Governor’s orders violated the State Constitution. So far nobody has explained why I’m wrong.
This is the end of the line for the petition for a writ of mandamus. It will be up to my clients, but we could seek injunctive relief from a state circuit court. Of course that will end up back at the Supreme Court either way it goes.
I’ll keep my glass half full and assume that they only denied it because they want us to take it to a trial court first, so they can rule on an appeal of a circuit court judge, rather than in the context of an original jurisdiction writ of mandamus. I’m looking at federal options as well on behalf of some private businesses who were victimized by this tyranny.