AG asks State Supreme Court for stay injunction against Hope Scholarship

Published: Aug. 4, 2022 at 1:44 PM EDT
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CHARLESTON, W.Va (WDTV) - A motion was filed in the state’s Supreme Court by Attorney General Patrick Morrisey for a stay pending appeal of the preliminary and injunctive relief granted against the Hope Scholarship.

The move follows an Intermediate Court of Appeals decision on Tuesday to deny a stay of the injunction.

Morrisey is also asking the high court to directly hear the case, according to the Attorney General’s Office.

“This is a good law and I will not let this minor setback derail my office in fighting for Hope Scholarship’s constitutionality,” Attorney General Morrisey said. “This delay of funds will only hurt the thousands of families who were set to receive money from the Act. This is about protecting the fundamental freedom of parents to choose the best education for their children.”

The Legislature passed and the Governor signed the Hope Scholarship Act into law in 2021.

It allows families to use the funding for a variety of expenses, including tuition and fees at participating private schools and other extracurricular activities for students, Morrisey said.

A Kanawha County Circuit Court judge recently enjoined the state from implementing the program, finding it violates a provision of the state Constitution that requires the state to provide a thorough and efficient system of free public schools.

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