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WV AG asks State Supreme Court to Stay Injunction Against Hope Scholarship Act

August 4th, 2022 by WCBC Radio

West Virginia Attorney General Patrick Morrisey filed a motion in the state’s Supreme Court of Appeals Wednesday night for a stay pending appeal of the preliminary and injunctive relief recently granted against the Hope Scholarship Act.
The move followed an Intermediate Court of Appeals decision late Tuesday to deny a stay of the injunction. The Attorney General is also now asking the high court to directly hear the case.
“This is a good law and I will not let this minor setback derail my office in fighting for Hope Scholarship’s constitutionality,” Attorney General Morrisey said. “This delay of funds will only hurt the thousands of families who were set to receive money from the Act. This is about protecting the fundamental freedom of parents to choose the best education for their children.”
The Legislature passed and the Governor signed the Hope Scholarship Act into law in 2021. It provides money for students leaving the public schools system—the scholarship allows families to use the funding for a variety of expenses, including tuition and fees at participating private schools and other extracurricular activities.
Recently, a Kanawha County Circuit Court judge enjoined the state from implementing the program, finding it violates a provision of the state Constitution that requires the state to provide a thorough and efficient system of free public schools.
“I am urging the state Supreme Court of Appeals to stay the decision so that thousands of West Virginia families can receive the money the Legislature intended for the upcoming school year—which starts in a matter of weeks.”