Here is an order we just received a few moments ago from the West Virginia Supreme Court of Appeals granting our motion for expedited relief in the Delegate District 19 Case and ordering the Governor to show cause as to why our Writ of Mandamus should not be granted. The Court set the matter for oral arguments on February 9, 2021 at 2:00 p.m., in person. They also ordered the Governor to respond by February 1 and ordered that:
The issuance of this rule to show cause stays any and all legislative action by any person appointed by the respondent to the West Virginia House of Delegates to fill the vacancy created by the resignation of the delegate from the 19th Delegate District until final resolution of this matter.
I’ll note that February 9 is the day prior to the House of Delegates beginning their 2021 session. The oral arguments have already been placed on the Court’s docket:
The order also noted that, “Justice Wooton, considering the action moot, would not grant the motion for expedited relief or issue a rule to show cause setting the matter for oral argument.”