Patrick Morrisey and The State of West Virginia v. West Virginia AFL-CIO

Justice Ketchum:

In this appeal, we examine a preliminary injunction issued by the Circuit Court of Kanawha County that stopped the implementation of West Virginia’s new “right to work” law. In limited circumstances, a circuit court may issue a preliminary injunction when the plaintiff shows that Ms or her lawsuit is likely to succeed on its merits.

The plaintiffs in tMs case are several unions. The gist of their argument is that the right to work law is unconstitutional because it is unfair to unions and union members. The defendants are officials for the State of West Virginia. Them argument…