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WV HB5536

Bill

Official Source

Status

Introduced

2/16/2026

Primary Sponsor

Bill Ridenour

Click for details

Origin

House of Delegates

2026 Regular Session

AI Summary

  • Limits state court decisions declaring laws unconstitutional to binding only the parties in that specific case, not the general public, unless the Legislature adopts the ruling as law
  • Requires at least 4 of 5 Supreme Court of Appeals justices to concur before any statute or government action can be declared unconstitutional in West Virginia
  • Holds lower court rulings of unconstitutionality in abeyance with the challenged law remaining in effect until the Supreme Court of Appeals issues a final decision
  • Allows the Legislature to override judicial constitutional rulings through a joint resolution that must be signed by the Governor; a gubernatorial veto kills the override
  • Takes effect July 1, 2026, and asserts that all three branches of government are "co-equal" in determining constitutional issues rather than the judiciary having final authority

Legislative Description

West Virginia Constitutional Authority Clarification Act

Last Action

To House Judiciary

2/16/2026

Committee Referrals

Judiciary2/16/2026

Full Bill Text

No bill text available