Abrams v. West Virginia Racing Commission

Miller, Justice:

This case comes to us upon a certified question from the United States District Court for the Southern Dis*316trict of West Virginia [herein federal court] pursuant to W. Va. Code, 51-1A-1, et seq. We are asked whether W. Va. Code, 19-23-8(b)(3), and Rule 712 of the Rules of Racing of the West Virginia Racing Commission [herein racing commission] violate the Due Process or Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution or the Due Process Clause of the West Virginia Constitution. For reasons herein set out, we decline to answer.

This action…