The proposed bill, known as the "West Virginia Constitutional Authority Clarification Act," aims to amend the Code of West Virginia by establishing a new article that outlines the legislative authority over judicial review. Key provisions include the assertion that judicial decisions are binding only on the parties involved unless adopted by the Legislature, and that no statute or action can be deemed unconstitutional without the concurrence of at least four justices of the Supreme Court of Appeals. Additionally, lower court decisions declaring statutes unconstitutional will be held in abeyance until the Supreme Court issues a final ruling, ensuring that challenged statutes remain in effect during this period.

The bill also introduces a process for the Legislature and the Governor to override judicial decisions on constitutional issues. Members of the Legislature can propose a joint resolution to override such decisions, which will be processed like any other resolution, while the Governor has the authority to sign or veto these resolutions. The bill includes a severability clause, ensuring that if any provision is found invalid, it does not affect the remaining provisions, and it is set to take effect on July 1, 2026.

Statutes affected:
Introduced Version: 51-12-1, 51-12-2, 51-12-3, 51-12-4, 51-12-5, 51-12-6