Federal Appeals Court Overturns West Virginia Transgender Sports Ban

Becky Pepper-Jackson

In a 2-1 ruling, the court ruled that the law violated Title IX, which prohibits gender discrimination in schools.

A federal appeals court on Tuesday overturned a West Virginia law that banned transgender girls from playing on girls’ sports teams.

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High Energy Costs Drive Revolt Against States’ Climate Policies but Commitments Hard to Dislodge

Arizona Corporation Commissioners in front of power station

The Arizona Corporation Commission (ACC) recently took the unusual step of voting to pull back on the state’s renewable energy targets, over concerns they are too costly and produce few benefits.

Most states are moving in the other direction, following California’s lead, but there are signs of some hesitation as the real costs of these policies are realized.

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Federal Judge Rejects Bid to Remove Trump from West Virginia Ballot

Trump Happy Courtroom

A federal judge rejected a bid Thursday to remove former President Donald Trump from the ballot in West Virginia.

Obama-appointed District Judge Irene Berger ruled that John Anthony Castro, the little-known presidential candidate who brought the lawsuit to remove Trump, lacked standing to sue. The decision comes days after Colorado’s Supreme Court found Trump was ineligible to appear on the state’s ballot under Section 3 of the Fourteenth Amendment, likely setting up Supreme Court review of the issue.

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Trump Endorses Jim Justice in West Virginia Senate Race

Former President Donald Trump on Wednesday endorsed West Virginia Republican Gov. Jim Justice in the state’s 2024 Senate race.

Justice, the state’s two-term governor, is currently seeking the Republican nomination and faces Rep. Alex Mooney in that contest. The winner of the primary will go on to seek the seat currently held by Democratic Sen. Joe Manchin, who has yet to announce his reelection plans.

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Commentary: Tax Relief Is Coming to Millions of Red-State Residents in Ohio, Connecticut, and More

July marked the beginning of Fiscal Year 2024 for 46 of the 50 states. It also closes the books on most state legislative sessions in what was an incredible 2023 for hard-working taxpayers.

In recent years, we’ve seen significant income tax relief in the states. Notably, 10 states – Kentucky, West Virginia, Montana, Utah, Arkansas, North Dakota, Indiana, Nebraska, Connecticut, and Ohio – have cut personal income taxes (PIT) in 2023. With the new addition of West Virginia, North Dakota, and Connecticut, 22 states have cut personal income taxes since 2021, with several of these states cutting taxes multiple times during that period.

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West Virginia Politicians Boosted Company Now Trying to Sell Them on ‘Untested’ Tech to Turn Coal Plant Green

A company that has been supported by West Virginia’s highest-profile politicians is tying to sell the state on “untested” tech to convert one of its key coal power plants into a green energy project, E&E News reported Friday.

The California-based Omnis Technologies in early June signed a letter of intent to purchase the Pleasants Power Station and convert the coal-fired power plant into a hydrogen plant fueled by the byproducts of Omnis’ nearby graphite facility, according to local outlet WTAP. Industry experts cast doubt on whether the little-known company — whose green housing project in the state was praised by both the state’s Republican Gov. Jim Justice and Democratic Sen. Joe Manchin — was prepared to pull off such a significant transition, according to E&E News.

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Nearly Half of U.S. States Now Have Measures Limiting Transgender Surgery for Minors, but Lawsuits Abound

At least 20 states have either restricted or banned transgender procedures for minors, with many of them facing lawsuits and temporary blocks by courts as a result, while future litigation is possible in states considering adopting such laws. 

The states that have enacted legislation against such procedures are: Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah and West Virginia – essentially all conservative-leaning.

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States Push for Harsher Fentanyl Penalties amid Uptick in Overdose Deaths

Several states are advocating for harsher fentanyl penalties as overdose deaths surge in the U.S.

Nevada, Oregon, Alabama, Texas, West Virginia and South Carolina have all pushed to increase the length of sentences for fentanyl dealers, according to the Associated Press. Fentanyl is largely responsible for the more than 100,000 drug overdose deaths that occurred in 2021 up from 93,331 drug overdose deaths in 2020, according to the Centers for Disease Control and Prevention (CDC).

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Three More States Dropping Voter Data-Sharing Collective as Trump Rips ‘Fools Game for Republicans’

Three more red states — Florida, Missouri, and West Virginia — this week followed Louisiana and Alabama in withdrawing from a multistate data-sharing partnership that facilitates voter registration and maintenance of voter rolls, citing unmet concerns over protecting voter information and partisan influence at the nonprofit.

The latest withdrawals from the Electronic Registration Information Center (ERIC) came after the nonprofit’s board of directors rejected changes proposed by a bipartisan working group of several member states.

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Federal Judge Upholds West Virginia Law Preventing Boys from Competing in Girls’ Sports

A federal judge ruled Thursday in favor of a West Virginia law that requires athletes to compete in sports on the basis of biological sex rather than gender identity.

Southern District of West Virginia Judge Joseph Goodwin ruled that the state’s H.B. 3293, commonly known as the “Save Women’s Sports Act,” is “constitutionally permissible” because its definitions of girl and woman on the basis of biological sex are “substantially related to the important government interest of providing equal athletic opportunities for females.” The ruling comes after a lawsuit, filed on behalf of 11-year-old Becky Pepper-Jackson, a transgender girl, argued that H.B. 3293 violated Pepper-Jackson’s rights under Title IX a federal law that prohibits discrimination of the basis of sex, and kept the student from joining the girl’s cross country team.

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Tennessee, Georgia, and Virginia Among 18 States Banning Social Media App TikTok from State Devices

Following South Dakota GOP Gov. Kristi Noem’s lead, nearly half of U.S. states have put restrictions on or banned the use of Chinese-based social media app TikTok.

At least 19 states have banned TikTok on government-issued devices – Alabama, Georgia, Louisiana, Idaho, Iowa, Maryland, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utha, Virginia and West Virginia.

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GOP Attorneys General Pressing NAAG to Return $280 Million

A dozen Republican state attorneys general are fed up with what they view as the leftward drift and self-dealing of their nonpartisan national association and are asking the organization to change its ways and return roughly $280 million in assets to the states.

The National Association of Attorneys General was created in 1907 as a bipartisan forum for all state and territory attorneys general. Over the last year, several of the group’s Republican members have asserted that NAAG has become a partisan litigation machine that improperly benefits from the many tort settlements it helps to engineer.

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West Virginia Legislature Sends Sweeping Pro-Life Bill to Governor’s Desk

The West Virginia legislature approved a sweeping measure Tuesday that would allow abortion only in cases of medical emergencies, rape, and incest.

The bill (HB 302) passed in the state Senate, 22-7 and the state House, 77-17, and has been sent to the desk of Governor Jim Justice (R-WV).

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30 Months into the COVID-19 Pandemic, at Least a Dozen States Are Under ‘Emergency’ Orders

In October 2020, the Michigan Supreme Court stripped Gov. Gretchen Whitmer of the unilateral powers she was using when she declared a state of emergency due to the COVID-19 pandemic.

Whitmer had been using a 1945 law – which was prompted by a three-day race riot in Detroit three years earlier – that had no sunset provision in it and didn’t require approval by the state legislature.

In May 2021, Whitmer told a news agency that if she still had that 1945 state-of-emergency law, she would use those powers, but not for anything related to a pandemic.

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West Virginia’s Republican Senator Saves Its Coal Industry

Republican Sen. Shelley Moore Capito of West Virginia may be saving her state’s coal industry after the Senate Democrats’ climate bill, backed by Democratic Sen. Joe Manchin of West Virginia, threatened to place new regulations on coal.

Manchin’s agreement included a provision that explicitly authorized the Environmental Protection Agency (EPA) to further regulate coal production under a variety of legal provisions that could have rendered the recent Supreme Court rulings, which stated that Congress must clearly authorize the agency’s actions, irrelevant. However, Capito asserted that the authorization did not comply with budget reconciliation rules on the Senate floor on Sunday, leading the Senate parliamentarian to eliminate the provision, according to a press release.

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Commentary: One State Went from Bottom to Top in Education Choice and Innovation

West Virginia has experienced a dramatic expansion of educational freedom over the past year, from the state legislature passing a near-universal Education Savings Account (ESA) program, called the Hope Scholarship, to loosening state compulsory school attendance laws for participants of learning pods and microschools.

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21 States Join Lawsuit to End Federal Mask Mandate on Airplanes, Public Transportation

Twenty-one states have filed a lawsuit challenging the U.S. Centers for Disease Control and Prevention’s continued mask mandate on public transportation, including on airplanes.

Florida Gov. Ron DeSantis and Attorney General Ashley Moody are leading the effort. Moody filed the suit in the United States District Court for the Middle District of Florida along with 20 other attorneys general. DeSantis said the mask mandate was misguided and heavy-handed.

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Commentary: In West Virginia, Carpetbagger Alex Mooney Meets His Match

When we last checked in with U.S. Representative Alex Mooney (R-W.Va.), evidence of his misuse of campaign funds had been referred to the House Ethics Committee by the Office of Congressional Ethics.

As American Greatness has reported, Mooney’s congressional campaign used campaign money to pay for the congressman’s personal expenses, including $3,475 in meals from Chick-fil-A and other fast-food restaurants, two vacation trips to resorts in West Virginia, and $17,250 in gift card purchases from a Catholic Church gift shop. He has repaid more than $12,000 of a disputed $40,115 as a result of the OCE investigation.

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Sixteen States File New Lawsuit Against Federal COVID Vaccination Mandate

Sixteen states again are challenging a federal COVID-19 vaccination mandate for health care workers who work at facilities that receive Medicare and Medicaid funding.

Friday’s filing in U.S. District Court for the Western District of Louisiana comes after the issuance of final guidance on the mandate from the U.S. Centers for Medicare & Medicaid (CMS), arguing the guidance is an action that is reviewable.

The U.S. Supreme Court ruled by 5-4 vote Jan. 13 against the original Louisiana challenge to the mandate and a similar Missouri filing.

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In West Virginia, the Enhanced Child Tax Credit’s Lapse Cuts Deep

As millions of families across the country grapple with the fact that the expanded child tax credit could lapse for months, if not permanently, those in few states stand to hurt more than those in West Virginia.

The monthly credit, amounting to as much as $300 per child, has been a lifeline to many across the state, which ranks 49th out of 50 in average income. The expansion, adopted in March as part of the coronavirus relief package, has especially helped those earning the lowest, many of whom were once partially or completely excluded from receiving it because their incomes were too low to qualify.

West Virginia had already struggled as coal mining declined and drug overdose deaths rose, but after being decimated by the coronavirus pandemic, economic recession that resulted and subsequent inflation as the state recovered, residents said that the expanded payments provided a sense of financial security when so much seemed uncertain.

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Scientists Believe Meteor Exploded over Pittsburgh

aerial view of Pittsburgh, Pa.

Scientists believe a meteor exploded early New Year’s Day over Pittsburgh, causing mysterious loud noises and vibrations that shook the city.

“The loud explosion heard over SW PA earlier may have been a meteor explosion,” the U.S. National Weather Service tweeted Saturday, posting an image showing a flash of light it claimed was “not associated with lightning.”

“No confirmation, but this is the most likely explanation at this time,” the agency said.

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Manchin Reportedly Told the White House He Supports a Billionaire Tax

Joe Biden and Joe Manchin

West Virginia Democratic Sen. Joe Manchin told the White House last week that he was willing to endorse some type of billionaire tax in President Joe Biden’s domestic spending package before coming out against it days later, The Washington Post reported.

Manchin said that a tax on billionaires’ wealth could be a means to pay for the package, according to the Post, citing three people familiar with his offer to the White House. The outlet reported that it was unclear whether Manchin provided an estimate of how much money the provision would raise.

Programs in Manchin’s $1.8 trillion counteroffer included universal pre-K for ten years, expansions to the Affordable Care Act and billions of dollars for climate change mitigation measures, according to the Post, but it did not include the child tax credit, which many Democrats have touted as one of the single biggest policy achievements of the year.

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Top Republicans Pressure Manchin to Switch Parties

Republicans are upping their calls for West Virginia Democratic Sen. Joe Manchin to switch parties after he said he would not vote for President Joe Biden’s domestic spending bill.

Texas Republican Sen. John Cornyn told Nexstar that he texted Manchin to encourage him to switch after he came out as a “no,” telling him, “Joe, if [Democrats] don’t want you we do.”

While Cornyn said he did not get a response, he said that Manchin switching would be “the greatest Christmas present I can think of.”

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Manchin Says He Won’t Vote for Mass Spending, Climate Bill, Dealing Blow to Biden

Senator Joe Manchin speaking

Sen. Joe Manchin, D-W.V., declared Sunday he won’t vote for President Joe Biden’s Build Back Better Act, saying he feared the bill’s mass spending and climate provisions may worsen inflation.

“This is a no,” Manchin told Fox News Sunday, “I have tried everything I know to do.”

The West Virginia Democrat’s decision all but dooms Biden’s signature legislation in an evenly divided Senate.

Manchin said he was concerned about the continuing effects of the pandemic, inflation, and geopolitical unrest. His decision came after an intense lobbying campaign by the president and fellow Democrats failed to change his mind.

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