By Matt Harvey, WV News
CHARLESTON, W.Va. — A circuit judge overreached in permanently enjoining the state from issuing scholarship funding for thousands of prospective private school students through the Hope Scholarship Act, the West Virginia Attorney General’s Office argued in its appeal of the ruling.
The appeal led by Solicitor General Lindsay See on behalf of Attorney General Patrick Morrisey contends that Kanawha Circuit Judge Joanna I. Tabit:
— Should have dismissed a lawsuit against the Hope Scholarship Act for lack of jurisdiction.
— Was incorrect to “refashion the Legislature’s duty to provide a thorough and efficient system of free schools into a constitutional bar against funding any non-public educational initiatives that may affect public school enrollment.” …
