The Attorney General in West Virginia says that the Supreme Court should reject the legal contestation of the State Democrats compared to a seat in a home of delegates.
Governor Patrick Morrisey has already done it appointed a republican to fill the seat of Joseph de Soto, who was elected as a Republican in November, but registered as a democrat shortly before his time arrested because he supposedly threatened to kill The spokesman for the house spokesman, Roger Hanshaw and several other delegates.
The State Democratic Party argued that the Republicans of the House, The right to clear the seat of de SotoDo not follow the right constitutional procedure and there was a legal precedent that the seat should go to Democrats due to the change of party. They asked the Supreme Court to burden themselves on this question. Description of Morrisey in the submission.
In a fresh registrationAttorney General JB McCuskey said that the delegates’ house had the constitutional authority to determine the qualifications of its members. The Republicans of the House said that the status at home could not be able to swear and cause them to clear his seat.
“Because the state constitution transfers the house with an exclusive authority to assess the qualifications of its members, this court has no authority to protect the house’s judgment that Mr. de Soto is not qualified for the service,” said McCusky, who submitted the submission in Name of Morrisey. “Even if the court had this authority, the house did it right when the chosen delegate de Soto decays its seat.”
McCuskey, a Republican, also said that the Democratic Party of the State was wrong to sue Morrisey, “because he did not cause her alleged damage, cannot remedy her alleged damage and has no obligation to do what the Want to petent. “
In response to the latest registration, the chairman of the State Democratic Party Mike Puschkin, also member of the delegate, said the facts in this case support their site.
“Morrisey does not argue about the advantages of the law in his answer because he knows that the law is on our side,” said Puschkin. “The facts are uncomplicated, Republicans followed the law in the past when they benefited them, but now, if this is not the case, they simply decide to ignore it. This is an insult to the rule of law and the constitution. “
The house resolution, which has the SOTOS seat, ordered the Republican Executive Committee from Berkeley County to offer Morrisey a shortlist from candidates to appoint.
The Republican governor appointed Ian MastersA lawyer and a gun rights activist to fill the seat for the 81st district, which represents part of Berkeley County. The regular 60-day session begins on February 12th.
De Soto, who comes from Gerrardstown, won a Republican primary race with three candidates last spring and won in the 91st district against the reigning Don Forht, R-Berkeley. There was no democratic candidate in the parliamentary elections in November, but he was pending the competition of a candidate in the constitutional party.
There are Nine Democrats in the 100-member house after the elections in November.
