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JUSTICE v. WEST VIRGINIA AFL-CIO

No. 21-0559.

866 S.E.2d 613 (2021)

James C. JUSTICE, II, Governor of the State of West Virginia, Petitioner, Defendant Below v. WEST VIRGINIA AFL-CIO, et al. Respondents, Plaintiffs Below.

Supreme Court of Appeals of West Virginia.

Filed: November 22, 2021.

Attorney(s) appearing for the Case

Patrick Morrisey, Esq. , Attorney General, Lindsay S. See, Esq. , Solicitor General, Curtis R. A. Capehart, Esq. , Deputy Attorney General, Virginia M. Payne, Esq. , Assistant Solicitor General/Deputy, Attorney General, Charleston, West Virginia, Counsel for Petitioner.

Robert M. Bastress, Jr., Esq. , Morgantown, West Virginia, Jeffrey G. Blaydes, Esq. , BLAYDES LAW, PLLC, Charleston, West Virginia, Counsel for Respondents.

Matthew B. Gilliam, Esq. , Counsel for Amicus Curiae, National Right to Work Legal Defense and Education Foundation, Inc., Springfield, Virginia, John F. Dascoli, Esq. , JOHN F. DASCOLI, PLLC, Charleston, West Virginia, Counsel for Amicus Curiae, West Virginia Deputy Sheriffs' Association.

Earlier this year, the Legislature passed the West Virginia Paycheck Protection Act, which prohibits state employers from continuing to deduct union dues and employee association membership fees from public employees' wages as they have in the past. One month before the new law's effective date, Respondents1

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