CORRIDOR CHRONICLE
Governor to respond by June 29
by Ron Gregory
Charleston — The state Supreme Court has entered a scheduling order in the Writ of Mandamus proceedings where five state legislators are challenging Governor Jim Justice’s “Rule by Executive Order” during the coronavirus pandemic.
Justice has been given until June 29 to respond.
A Supreme Court spokesperson said the court is following normal scheduling in the case since the plaintiffs did not ask for it to be expedited.
The legislators are challenging Justice’s right to proclaim “rules” for businesses and individuals without consulting the legislature. Earlier, the Governor ordered all non-essential travel to cease and non-essential businesses to close.
Justice has eased his restrictions in phases and some statehouse observers predicted there would be no limiting orders in place by the time Justice responds.
Seeking the Writ are Independent Delegate S. Marshall Wilson of District 60; Republican Delegates James Butler, District 14;
Tom Bibby, District 62; Tony Paynter, District 25; and Republican State Senator Michael Azinger, Senator, District 3.
The five, represented by attorney John Bryan of Monroe County, filed their petition May 22.
“Once the deadline for filing the response has passed, this matter will be mature for consideration by the Court pursuant to Rule 16(i) of the Appellate Rules. In due course thereafter,
all parties will be notified in writing of any decision in the case,” the order says.