WV Supreme Court Dissolves Circuit Court's Preliminary Injunction Against Right-to-Work Law

Kevin Carr
Spilman Thomas & Battle, PLLC
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West Virginia's right-to-work law is now effective and, while the legal challenge against the law may continue, the likelihood of success of the challenge is bleak, on its very best day.
 
On Friday, September 15, 2017, the Supreme Court of Appeals of West Virginia dissolved an injunction issued by the Kanawha County Circuit Court that blocked West Virginia's "right-to-work" law from taking effect. While a group of unions' legal challenge against right-to-work may continue, the Supreme Court's decision dealt a significant blow to the chance that the challenge may be successful. Writing for a 3-2 Court, Judge Ketchum noted that the unions failed to show a likelihood of success on the merits and noted that no federal or state appellate court has struck down a state right-to-work law on similar challenges. The Court, referencing the fact that 27 other states have enacted similar legislation (that have passed constitutional muster), soundly rejected the unions' argument that the law constituted an illegal taking of union dues.
 
In a particularly pointed concurring opinion, Justice Loughry wrote that issuing the injunction "was not merely imprudent, but profoundly legally incorrect." He further criticized the Circuit Court's delay in handling the matter.

 

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