Listen to “The Election Story is the Court!” on Spreaker.
The big story election night may not be the Legislature at all. It’s the West Virginia Supreme Court of Appeals.
For all the fighting between Republican factions this primary season, there was one thing both sides largely agreed on: they wanted what they viewed as a conservative court. They wanted Titus and Ewing to remain.
That didn’t happen
The warning signs started surfacing about a week ago. Operatives from both camps quietly making phone calls saying the same thing: “We’re worried about the court.”
Why? Because many believed the scorched-earth tactics used in the Senate battles could create a backlash.
Remember, this was the first Republican primary closed to independents. Even though many independents – according to some observers – historically did not vote in GOP primaries regularly, plenty saw the move as a slap in the face. You could hear it in the public uproar for weeks.
And with no Republican races available to vent that frustration, many appear to have turned to the only place left on the ballot to send a message — the judicial races.
More than a few Republicans privately admitted Tuesday night they believe that is exactly what happened.
Independents broke more liberal in those races. Add in traditional Democratic voting patterns, and suddenly the court make up changed.
The late flood of PAC money — especially into the Titus race — now looks less like confidence and definitely like concern.
And because these were races to fill unexpired terms, the impact comes quickly. Governor Patrick Morrisey appointed both Titus and Ewing. But once canvassing is complete, Kirkpatrick and Flanigan immediately take those seats on the bench.
Now, political observers are already asking bigger questions. Could past legislative priorities — things like right-to-work or tort reform — face renewed judicial scrutiny? What about ongoing education fights or vaccine-related cases? Will a constitutional challenge of the Hope Scholarship emerge and how will this unexpected reality affect that?
Too early to know. But one thing is clear: across political circles, there’s real nervousness about what this means moving forward.
And meanwhile, after all the spending and all the political warfare, the Legislature itself may end up looking remarkably similar to before.