Contractors Ass'n of West Virginia v. West Virginia Department of Public Safety

“Our cup runneth over!” exclaimed the Executive and Legislative branches of our State government after reading the majority opinion. Never has the “horn of plenty” produced such a cornucopia of gifts, all delivered sua sponte and unexpectedly by a judiciary, which, incidentally, is elected and sworn to uphold the Constitution of the State of West Virginia.

This case evolves from legislation enacted during the 1990 legislative session to give salary increases to the uniformed members of the Department of Public Safety. I do not dispute the need for a salary increase. What I do dispute is the…