West Virginia
Morrisey says Supreme Court should reject Democrats’ legal challenge over House seat • West Virginia Watch
West Virginia’s attorney general says the Supreme Court should reject state Democrats’ legal challenge over a House of Delegates seat.
Gov. Patrick Morrisey has already appointed a Republican to fill the seat of Joseph de Soto, who was elected in November as Republican but registered as a Democrat shortly before he was arrested for allegedly threatening to kill House Speaker Speaker Roger Hanshaw and several other delegates.
The state Democratic Party argued that House Republicans, who voted to vacate de Soto’s seat, didn’t follow the proper Constitutional procedure and that there was legal precedent that the seat should go to Democrats due to de Soto’s party switch. They asked the Supreme Court to weigh in on the issue, naming Morrisey in the filing.
In a new filing, State Attorney General JB McCuskey said the House of Delegates has the Constitutional authority to determine the qualifications of its members. House Republicans said de Soto wouldn’t be able to be sworn in due to his status on home confinement, prompting them to vacate his seat.
“Because the State Constitution vests the House with exclusive authority to judge its members’ qualifications, this Court has no authority to second-guess the House’s judgment that Mr. de Soto isn’t qualified to serve,” said McCusky, who submitted the filing on behalf of Morrisey. “Even if the Court had that authority, the House got it right when it found Delegate-Elect de Soto forfeited his seat.”
McCuskey, a Republican, also said that the state Democratic Party had no standing to sue Morrisey “because he didn’t cause their alleged harm, can’t fix their alleged harm, and has no duty to do what petitioners want.”
In response to the latest filing, state Democratic Party Chair Mike Pushkin, who is also a House of Delegates member, said the facts in the case support their side.
“Morrisey doesn’t argue the merits of the law in his response because he knows the law is on our side,” Pushkin said. “The facts are simple, Republicans followed the law in the past when it benefited them but now, when it doesn’t, they simply choose to ignore it. That is an insult to the rule of law and the constitution.”
The House resolution vacating de Soto’s seat ordered the Republican Executive Committee of Berkeley County to provide a shortlist of candidates to Morrisey for appointment to the seat.
The Republican governor appointed Ian Masters, an attorney and gun rights activist, to fill the seat for the 81st district, which represents a part of Berkeley County. The Regular 60-Day Session begins Feb. 12.
De Soto, who is from Gerrardstown, won a three-candidate Republican primary race last spring, winning against incumbent Don Forsht, R-Berkeley in the 91st district. There was no Democratic candidate in the November general election, but he faced competition from a Constitution Party candidate.
There are nine Democrats in the 100-member House after November election results.
— Story by David Walsh, Photo gallery by Will Wotring
HUNTINGTON, W.Va. — Divisions I and II are going as expected after Thursday night’s opening round in the 78th West Virginia High School State Wrestling Tournament at Mountain Health Network Arena. University, seeking a third straight large school title, and Parkersburg found themselves in the top two in the standings on a night dominated by pins as No. 1 seeds would beat up on No. 4 seeds.
University started the event minus two competitors. One did not make weight and the other, who won a state title a year ago, is not competing as he’s recovering from a football injury.
One competitor delivering big for the Hawks is Maximus Fortier, a junior who transferred in from Fairmont Senior. While there, he won the state title as a freshman at 144 with a final record of 41-1. He competes at 165 now and is 36-2 after winning with a first-round pin Thursday night.
“Come down, support the team and try to win,” Fortier said of his battle plan. “Wrestle the way we know how.”
Fortier and the Hawks won the Ron Mauck OVAC title, the WSAZ Invitational and West Virginia Duals during the season. He competed in two major tournaments as well. He went 2-2 in the Ironman and won his weight class in the Powerade Tournament which attracts the top teams in the nation.
“Wasn’t ready,” he said about the Ironman. “Did my thing at Powerade. It was big.”
Fortier said support at his new school grows every day.
“They treat me like family,” he said.
Strategy for the State Tournament is simple.
“Wrestle the way we know how to wrestle,” Fortier said.
University capitalized on a strong finish in the heavier weights and leads with 47 points. Parkersburg, which finished second here last year, trails with 39.5. Cabell Midland is third with 37.5 and Huntington fourth with 32.5.
Ripley is in year two in Division II. The Vikings placed sixth a year ago. They came to town as the Region 4 winner and qualified 11 with nine taking first and the other two second. Ripley leads after Thursday with 38 points thanks to wins by pin or major fall. Independence is second with 27 and Keyser third with 25.5. Cameron is the leader in Division III with 16 points.
The tournament continues Friday with sessions at 11:30 a.m. and 7:30 p.m. On Saturday, the girls have their state with action starting at 8 a.m. The boys begin at 10:30.
Championship finals are Saturday night at 6:30. Wrestlers are now seeded prior to the tournament and the pill breaks deadlocks.
During the season, Ripley won the West Virginia Duals, beat Herbert Hoover twice, Point Pleasant and also got wins over Parkersburg South and Huntington.
Losing to Kansas State wiped away all hope for West Virginia to make the NCAA Tournament. That seems to be the clear consensus in the Mountain State, but is there actually still a chance? Well, I guess so.
ESPN bracketologist Joe Lunardi still has West Virginia listed as a team to consider, the second team outside of the “next four out” grouping.
Lunardi’s current NCAA Tournament bubble
Last Four Byes: Missouri, Texas A&M, Texas, Ohio State
Last Four In: SMU, Santa Clara, New Mexico, Indiana
First Four Out: VCU, Auburn, Virginia Tech, Cincinnati
Next Four Out: San Diego State, USC, California, Seton Hall
Next: Stanford, West Virginia, Oklahoma, Arizona State
How is this even possible?
Short answer? I don’t really know.
My best guess as to why? Two things: the respect for the Big 12 and the opportunities left on the table, and two, an incredibly weak bubble.
Should West Virginia beat UCF on Friday, it will give the Mountaineers a 9-9 record in Big 12 play. That’s not as much of a guarantee to make the dance as having a winning record, but still, it’s an impressive mark, especially when, in this instance, they would have wins over Kansas, BYU, and sweeps over Cincinnati and UCF.
If you ask me, they still have too many bad losses for it to matter. I mean, even if they got red-hot out of nowhere and made it to the Big 12 championship game next week, is that enough? Potentially, but that’s a big IF.
The one thing WVU does have on its side is the number of Quad 1 wins, which they have five of. Virtually every other team in college basketball that has a minimum of five Quad 1 victories is expected to make the tournament. In that previously mentioned scenario, they would add at least one more Quad 1 win in the conference tournament, giving the committee something to think about.
The bubble is just incredibly weak, though. Like, how in the world is Auburn, who is 16-14 currently, the second team out of the field? Cincinnati, which WVU swept and has the same record as, is the fourth team in the “first four out” grouping.
At this point, the only path I see is for the Mountaineers to cut down the nets in Kansas City — good luck with that. We could be having a very different conversation if they didn’t lallygag their way through the first 30 minutes of the games against Utah and Kansas State.
Buckle up, Upshur County. Starting Friday, March 6, law enforcement officers across West Virginia will step up seatbelt enforcement as part of a statewide Click It or Ticket campaign running through March 23.
The West Virginia Governor’s Highway Safety Program (GHSP) announced the high-visibility mobilization as a warm-up to the national seatbelt campaign in May. The goal is to ensure every occupant — front seat or back, driver or passenger — is buckled on every trip.
“During this mobilization, law enforcement officers across West Virginia will be out in full force. They will be strictly ticketing drivers who are unbuckled or who are transporting children not properly restrained in car seats,” said Jack McNeely, Director of the GHSP.
The numbers behind the campaign are sobering. In 2023, 40% of passenger vehicle occupants killed in West Virginia crashes were unrestrained. The state’s seatbelt usage rate has also slipped — from 91.9% in 2024 to 91.6% in 2025.
Rural drivers face elevated risk despite a common assumption that country roads are safer. In 2023, 65% of the state’s traffic fatalities occurred in rural areas, compared to 35% in urban centers.
Under West Virginia law, wearing a seatbelt is required. A citation carries a $25 fine, though McNeely says the real point isn’t the penalty.
“Click It or Ticket isn’t about the citations; it’s about saving lives,” he said. “A ticket is a wake-up call. It is far less expensive than the alternative — paying with your life or the lives of your family and friends.”
For more information about the West Virginia Governor’s Highway Safety Program, visit highwaysafety.wv.gov or call 304-926-2509.
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