State of West Virginia, Katie Switzer, and Jennifer Compton v. Travis Beaver, Wendy Peters, David L. Roach, State Superintendent of Schools, and L. Paul Hardesty, President of the West Virginia Board of Education

FILED November 17, 2022 released at 3:00 p.m. No. 22-616—State of West Virginia, et al., v. Travis Beaver, et al. EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA Hutchison, Chief Justice, dissenting: This Court has the “responsibility and authority to ensure that the fundamental right of education is protected[.]” Kanawha Cnty. Pub. Libr. Bd. v. Bd. of Educ. of Cnty. of Kanawha, 231 W. Va. 386, 402,

745 S.E.2d 424, 440

(2013). Because the Court’s opinion finding the Hope Scholarship Act constitutional is contrary to the mandates of the West Virginia Constitution and the…