An election to the West Virginia Supreme Court could have a major impact on the state’s recently passed right-to-work law and other labor-related concerns, conservative activists in the state argue.
Whoever wins the race likely will tip the ideological balance on the state’s highest court. A leading candidate in the race, Darrell McGraw, has the endorsement of most of the state’s unions.
“The race is absolutely crucial to upholding numerous reforms,” said Danielle Waltz, a lawyer and former head of the West Virginia Workplace Freedom Coalition, an ad hoc business group that pushed for the state to adopt a version of right-to-work. “There is a lot of concern about that particular seat.”
The concern stems partly from a recent change in Mountain State election laws, ironically passed last year by conservative statehouse lawmakers, that made Supreme court races nonpartisan and allowed multi-candidate races with the victor determined by plurality. Five candidates are running in the open race, meaning that in theory a candidate could win with just over one-fifth of the votes. The election is set for May 10.
McGraw, who is 79, is well-known in the state, having held a seat on the state Supreme Court from 1977-89, eventually serving as chief justice. He also won four elections as West Virginia attorney general, serving from 1992-2013. In the current race, he will face off against incumbent Justice Brent Benjamin and three other candidates — Wayne King, Beth Walker and Bill Woten. Most business groups have backed Walker, Waltz says.
The court has five members. The other four seats are held by two liberals and two conservatives.
Garrett Ballengee, executive director of the Cardinal Institute for West Virginia Policy, a conservative nonprofit, says that McGraw is widely considered to be the front-runner based on his experience. “He has quite the name brand in the state,” Ballengee said.
McGraw is also organized labor’s favorite. His campaign website boasts endorsements from several dozen union groups including the state branches of the AFL-CIO labor federation, the National Education Association, the American Federation of Teachers, United Steelworkers and the United Mine Workers of America, among others.
Business groups have accused him of being a liberal activist as attorney general. McGraws’s website touts his efforts to prosecute “violations of the state’s consumer protection and antitrust laws.”
“We have known Mr. McGraw for many, many years. He has been a good judge,” said United Mine Workers of America spokesman Phil Smith, adding that the endorsement was based on a poll of state members. He said they were not expecting any specific action from McGraw. “To my knowledge, the endorsement had nothing to do with right-to-work.”
West Virginia adopted a right-to-work law in February. The law says workers cannot be forced to join or otherwise financially support a union as a condition of employment, a common requirement of most union-management contracts.
Right-to-work laws are associated with weakened unions since they allow workers to drop their membership, draining the organization of members and dues. Labor groups fought the adoption of the law. Business groups said it was necessary to help West Virginia compete with other states for businesses.
There has not been any legal challenge to the West Virginia law, but business groups expect that labor groups would mount one if the court’s balance shifted. It could happen quickly too, Waltz notes. The state does not have an intermediate appeals court level, so appeals of district court rulings go straight to the state Supreme Court. Its official title, in fact, is the West Virginia Supreme Court of Appeals.
UPDATE, April 28: McGraw campaign spokesman Larry LaCorte declined to comment about the candidate’s position on right-to-work. “The Cannon of Judicial Ethics in West Virginia prohibit a judge from commenting on any case that may come before his or her court,” LaCorte said.
