West Virginia Supreme Court overturns ruling that blocks right-to-work law
Concluding that West Virginia labor unions have failed to show that they have a strong likelihood of successfully challenging the states new right-to-work law, state Supreme Court justices on Friday dissolved an injunction blocking enforcement of the law, and remanded the case to Kanawha Circuit Court for final resolution.
Whether a law is fair or unfair is not a question for the judicial branch of government, Justice Menis Ketchum wrote in the majority opinion.
The wisdom, desirability, and fairness of a law are political questions to be resolved in the Legislature, Ketchum wrote. Those decisions may only be challenged in the court of public opinion and the ballot box, not before the judiciary.
He noted that 28 states, including West Virginia, have enacted right-to-work laws, but the unions challenging West Virginias law could not point to any federal or state appeals court that has struck down a similar law elsewhere.
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