No. 18-1189

Mitch Carmichael, President of the West Virginia Senate, et al. v. West Virginia, ex rel. Margaret L. Workman

Lower Court: West Virginia
Docketed: 2019-03-13
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: civil-rights due-process federalism guarantee-clause impeachment-process judicial-cognizability justiciability political-question-doctrine republican-form-of-government separation-of-powers state-impeachment-proceedings state-judiciary
Key Terms:
DueProcess
Latest Conference: 2019-10-01 (distributed 2 times)
Related Cases: 18-893 (Vide)
Question Presented (AI Summary)

Whether Guarantee Clause claims are judicially cognizable?

Question Presented (OCR Extract)

QUESTIONS PRESENTED In a decision that brought pending state impeachment proceedings to a halt, a panel of acting justices of the Supreme Court of Appeals of West Virginia inserted itself into both the substance and procedure of a process that the West Virginia Constitution entrusts exclusively to the Legislative Branch. In its opinion, the court refused to grant relief under the “Guarantee Clause” of Article IV, § 4 of the United States Constitution, which promises that “[tlhe United States shall guarantee to every State in this Union a Republican Form of Government,” because it deemed Guarantee Clause challenges to be nonjusticiable political questions. The questions presented are: 1) Whether Guarantee Clause claims are judicially cognizable? 2) Whether a state judiciary’s intrusion into the impeachment process represents so grave a violation of the doctrine of separation of powers as to undermine the essential components of a republican form of government?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-12
DISTRIBUTED for Conference of 10/1/2019.
2019-06-10
Reply of petitioners Mitch Carmichael, President of the West Virginia Senate, et al. filed.
2019-04-24
Response Requested. (Due May 24, 2019)
2019-04-17
DISTRIBUTED for Conference of 5/9/2019.
2019-04-11
Waiver of right of respondents West Virginia, ex. rel. Margaret Workman to respond filed.
2019-03-11
Petition for a writ of certiorari filed. (Response due April 12, 2019)
2019-01-04
Application (18A677) granted by The Chief Justice extending the time to file until March 10, 2019.
2018-12-17
Application (18A677) to extend the time to file a petition for a writ of certiorari from January 9, 2019 to March 10, 2019, submitted to The Chief Justice.

Attorneys

Mitch Carmichael, President of the West Virginia Senate, et al.
Lindsay Sara SeeOffice of the West Virginia Attorney General, Petitioner
Lindsay Sara SeeOffice of the West Virginia Attorney General, Petitioner
West Virginia, ex. rel. Margaret Workman
Marc Ellis WilliamsNelson Mullins Riley & Scarborough LLP, Respondent
Marc Ellis WilliamsNelson Mullins Riley & Scarborough LLP, Respondent