This bill seeks to amend the Code of West Virginia by establishing a framework for reviewing and potentially nullifying federal judicial decisions that are deemed unconstitutional. It introduces the Joint Committee on Constitutional Review, which will facilitate the assessment of federal judicial dictates by both the Executive and Legislative branches. The bill outlines procedures for legislative review, including the introduction of joint resolutions to declare such decisions unconstitutional, and specifies that any federal judicial decisions issued outside their geographic jurisdiction will be considered null and void in West Virginia.

Additionally, the legislation imposes criminal penalties on individuals who knowingly enforce judicial dictates that have been declared invalid, with no immunity defenses applicable in these cases. It also ensures that any legislative rules based on nullified judicial dictates are suspended until re-authorized by the Legislature. The bill further clarifies that good-faith compliance with a judicial dictate prior to its nullification will not be criminalized and establishes that venue for related legal actions can be in any county where enforcement was attempted or where affected state officers are located. Overall, the bill aims to reinforce West Virginia's sovereignty and protect its citizens from federal overreach through a structured review and nullification process.

Statutes affected:
Introduced Version: 51-13-1, 51-13-2, 51-13-3, 51-13-4, 51-13-5, 51-13-6, 51-13-7, 51-13-8, 51-13-9, 51-13-10, 51-13-11, 51-13-12, 51-13A-1, 51-13A-2, 51-13A-3, 51-13A-4, 61-5-34