Common Cause of W.Va. v. Tomblin

The majority has obscured the real issue in this case, i.e., can over $11.5 million in pork barrel projects be allocated through the Budget Digest? The majority whitewashes the legal precepts in this area with this novel brush: “In deciding this case, it must be reality, not theory, that is the interpretative principle.” 786 W.Va. at 540, 413 S.E.2d at 361. The result is a great deal of unreality and a future potential for much mischief.

In a number of cases, we have adhered to the salutary principle that the enactment of legislation should be the product of the entire legislature (or a quorum…