Legal Opinion · Dissent

West Virginia Department of Health & Human Resources v. E.H.

West Virginia Supreme Court

Decided October 7, 2015No. 14-0664 & 14-0845Published

1Dissent

DAVIS, JUSTICE.,

Dissenting:

I need to be perfectly clear at the outset. The majority opinion in this case is a classic example of unconstitutional judicial interference with the exclusive authority of the legislative and executive branches of government. In this case, the circuit court overstepped its judicial jurisdiction and dictated to the legislative and executive branches of government how to “increase hospital pay by unspecified but substantial market amounts and to simultaneously restructure hospital worker salaries and job classification rates.” The majority opinion has affirmed the…

2Cases cited24 opinions

  1. Gary E. Hammons v. W. Va. Ofc. of Insurance Comm./A & R Transport, etc.West Virginia Supreme Court · 2015
  2. State Ex Rel. Appalachian Power Co. v. GainerWest Virginia Supreme Court · 1965
  3. State Ex Rel. County Court of Marion County v. DemusWest Virginia Supreme Court · 1964
  4. State Ex Rel. Partain v. OakleyWest Virginia Supreme Court · 1976
  5. Frymier-Halloran v. PaigeWest Virginia Supreme Court · 1995

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