HB5536

Clarifies West Virginia's judicial review process and legislative authority over constitutional issues.

The West Virginia Constitutional Authority Clarification Act establishes that judicial decisions on constitutional issues only bind the parties involved unless adopted by the Legislature. It mandates that lower court decisions declaring statutes or actions unconstitutional remain in abeyance until the Supreme Court of Appeals issues a final decision. The act also outlines a process for the Legislature and Governor to override judicial decisions on constitutional matters, requiring concurrence from at least four justices of the Supreme Court of Appeals for any decision to be deemed.