Blow against corruption or power grab? West Virginia House impeaches entire Supreme Court
Senate removal of justices could allow Governor Jim Justice to cement GOP majority on court
♦By Rich Shumate, ChickenFriedPolitics.com editor
CHALRESTON, West Virginia (CFP) — West Virginia’s Republican-controlled House of Delegates has voted to impeach all four members of the Supreme Court of Appeals over allegations of overspending and mismanagement — a move that could cement GOP control of state’s highest court.
The House approved 11 articles of impeachment against Chief Justice Margaret Workman and Justices Robin Davis, Beth Walker and Allen Loughry on August 13. The Senate will now decide whether to convict and remove the justices from office.
Republicans hold 23 of 34 seats in the Senate, one seat short of the two-thirds majority that would be needed to remove the justices.

Justice Robin Davis announces her resignation (YouTube)
However, after the impeachment vote, Davis resigned to deprive Republican Governor Jim Justice of the opportunity to appoint a replacement who would sit in her seat without facing election until 2020. She and Democratic leaders blasted the impeachment vote as a partisan power grab.
“The majority members (of the House) have ignored the will of the people who elected the justices of this court,” Davis said at a news conference. “They have erased the line of separation between the branches of government. In fact, the majority in the legislature is positioning to impose their own party preferences.”
Both Workman and Davis said they do not plan to resign and will answer the House’s charges in the Senate
“There is no basis for my impeachment, and I will continue to do the work, both administrative and judicial, that the people of West Virginia elected me to do,” Workman said in a statement. “I look forward to putting all the facts before the Senate in the next phase of this process.”
Republican legislative leaders insisted that removal was warranted over revelations of lavish spending and mismanagement by the justices, which triggered state and federal investigations that have led to criminal charges against two justices.
“After reviewing all the evidence available to us, it became clear that a culture of entitlement and disregard for both the law and taxpayer funds have damaged the reputation of our judicial system – and that all justices had a part in violating the public’s trust,” said Delegate John Shott, R-Mercer, who chairs the House Judiciary Committee, in a statement.
Justice Menis Ketchum resigned in July after agreeing to plead guilty to one court of mail fraud for misusing a state-owned vehicle. Loughry, who has been suspended from the bench, is facing a 22-count federal indictment in addition to charges brought by the state Judicial Investigation Commission.
Workman, Davis and Ketchum were elected to the Supreme Court as Democrats. Loughry was elected as a Republican; Walker, who was elected after the state switched to non-partisan judicial elections in 2016, is also a Republican.
Ketchum’s resignation led to a 2-to-2 partisan split on the court, pending an election this fall to fill the remainder of his term.
However, if the justices were to be impeached, the justices appointed by Justice to fill those positions who would serve until the 2020 elections because, under state law, vacancies that occur less than 85 days before an election aren’t filled until the next general election.
Davis, by resigning, beat that deadline by one day, which means her seat will also be filled in a special election this fall.
If the three remaining impeached justices are removed and replaced by Justice with members of his party, Republicans would hold at least three of the five seats — and could possibly hold them all by winning the elections for the vacant seats in November.
Justice himself was elected governor as a Democrat in 2016, switching to the GOP in August 2017.
The impeachment votes in the House against Workman, Davis and Walker were along partisan lines, although some Democrats crossed the aisle to support impeaching Loughry.
The Senate is not currently in session, and Senate leaders have not announced a plan for how to proceed with the justices’ impeachment trial.
A flip toward Republicans on the Supreme Court would be the latest bad news for West Virginia Democrats, who have seen their once tight grip of state politics unravel.
Democrats controlled the legislature for more than 80 years before losing control to Republicans in 2014 and also dominated the state’s governorship and congressional delegation.
But the Mountaineer State has experienced a pronounced Republican shift in recent years, capped off by Donald Trump’s 40-point win in 2016, his best showing in any state except Wyoming.
The GOP now holds not only the governorship, but also six of seven statewide partisan offices, a U.S. Senate seat and all three U.S. House seats.
In addition to their margin in the Senate, Republicans control the House of Delegates 64 to 36.
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New poll shows Texas U.S. Senate race shaping up as the most competitive in a generation
Quinnipiac poll finds Democrat Beto O’Rourke within striking distance of Republican incumbent Ted Cruz
♦By Rich Shumate, ChickenFriedPolitics.com editor
AUSTIN (CFP) — The last time a Democrat was within striking distance in a U.S. Senate contest in Texas, Ronald Reagan was president, people rented movies from a store and tweeting was only for the birds.
Since the last Democratic victory in 1988, the party’s nominees have lost nine Senate races in a row, all by double digits. The average size of their loss? 19 points.

Ted Cruz

Beto O’Rourke
But a new poll shows Democratic U.S. Rep. Beto O’Rourke is closing in on Republican U.S. Senator Ted Cruz, cutting Cruz’s lead in half since May and raising the specter of seeing something this fall that hasn’t been seen deep in the heart of Texas for 30 years — a truly competitive Senate race.
A close race in Texas could also have national implications, as Republicans try to hang on to their slim one-vote majority in the Senate.
A Quinnipiac University poll released August 1 put Cruz at 49 percent and O’Rourke at 43 percent among registered voters in the Senate contest. With a sampling error of plus or minus 3.5 percent, that means that, statistically, Cruz’s lead is small enough to be the result of sampling error, rather than an actual lead.
But perhaps the most alarming bit of data in the poll for the Cruz campaign is that his 6-point lead now is down from an 11-point lead three months ago, and Cruz is now below 50 percent, a danger sign for an incumbent.
“O’Rourke has done a good job making the race competitive,” said Peter Brown, assistant director of Quinnipiac Poll in a statement. “He is clearly in contention. A Democratic victory in the Lone Star State would be a serious blow to GOP hopes of keeping their U.S. Senate majority.”
The poll of 1,118 registered voters found Cruz leading among men and white voters, while O’Rouke was leading among women and African-American voters. O’Rourke has a 12-point lead among Latino voters, and the two men are running even among voters who describe themselves as independent.
The poll found Texans generally have a good opinion of Cruz — 50 percent approve of his job performance and view him favorably, while 42 percent disapprove and view him unfavorably. However, he is polling far behind the Republican running in the other marquis statewide race, Governor Greg Abbott, who had a 13-point lead over his Democratic challenger, former Dallas County Sheriff Lupe Valdez.
By contrast, 43 percent of voters surveyed said the didn’t know enough about O’Rourke to offer an opinion of him, which means he remains something of an unknown quantity. And that could give the Cruz campaign an opening to try to define him negatively with voters over the rest of the campaign.
The poll also found that President Donald Trump’s approval rating in Texas was mixed, with 46 percent approving of his performance and 49 percent disapproving, which was within the margin of error.
The Quinnipiac poll surveyed registered voters rather than likely voters, making the results somewhat less indicative of what might happen on election day. However, two other polls taken in July that surveyed likely voters — by the Texas Lyceum and Gravis Marketing — also found Cruz’s lead in single digits.
Federal Election Commission reports also show that O’Rourke has been competitive with Cruz in fundraising. As of the end of June, he had raised $23.6 million to $23.4 million for Cruz and had $14 million in cash on hand, compared to $9.3 million for the incumbent.
The last time Cruz ran, in 2012, he outraised and outspent his Democratic opponent by a 2-to-1 margin, on his way to a 16-point victory.
O’Rouke, 45, has represented metro El Paso in the House since 2013, after serving on the El Paso City Council. Although he is Irish and his given first name is Robert, he was nicknamed “Beto” — a Spanish nickname for Robert — from childhood.
Cruz, 47, was elected to the Senate in 2012 on his first try for political office. In 2016, he made an unsuccessful run for the Republican presidential nomination, carrying 12 primaries and caucuses and finishing second in the delegate count behind Trump.
The Texas race is one of six Southern states with open seats in 2018; the others are Virginia, West Virginia, Florida, Tennessee and Mississippi, where both seats are on the ballot.
Four of those races are shaping up to be competitive — Florida and West Virginia, which are currently held by Democrats, and Texas and Tennessee, held by Republicans.












