Latest news with #JBMcCuskey
Yahoo
7 hours ago
- Yahoo
Stories of the Week: June 1 through June 7
CLARKSBURG, – Here are some of the top stories this week on the WBOY 12News Facebook page. West Virginia Attorney General J.B. McCuskey is warning of Chinese vape products disguised as smart devices that may attract children. FirstEnergy has completed its third solar site in West Virginia. Students at four schools in Harrison County attended their final last day ahead of mergers and consolidations that will begin in the fall. A WVU nursing student is being recognized for helping to save another student's life by giving him CPR. The community gathered to send off the WVU Baseball team ahead of its Super Regional matchup with LSU. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
29-05-2025
- General
- Yahoo
State Supreme Court upholds murder conviction in shooting of Cassie Johnson
CHARLESTON, (WBOY) — The West Virginia Supreme Court has upheld the sentence of a man convicted of shooting and killing a Charleston police officer in 2020. According to a release Wednesday from West Virginia Attorney General JB McCuskey's office, the state supreme court unanimously affirmed a second-degree murder conviction for Joshua Marcellus Phillips, who shot and killed officer Cassie Johnson in December 2020. Phillips was found guilty following a trial in June 2022, during which he claimed self-defense, the release said. He was later sentenced to 40 years in prison for the murder charge, plus six months for a drug possession charge. Suspect in Cheat Lake fatal denied request to go back to his home country Following his sentencing, Phillips appealed the conviction due to various issues, including change of venue, jury selection, evidence ruling, jury instructions and the sufficiency of the evidence, the release said. That appeal was officially denied on Wednesday. Johnson's death sparked a legislative movement in the Mountain State to increase protections for first responders. This movement peaked in 2023 with then-Governor Jim Justice signing the Patrol Officer Cassie Marie Johnson Memorial Act into law, which bolsters penalties for anyone who deliberately causes the death of a first responder in West Virginia. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
USA Today
17-03-2025
- Politics
- USA Today
West Virginia's governor is latest politician to look deeply unserious after NCAA postseason snub
West Virginia's governor is latest politician to look deeply unserious after NCAA postseason snub West Virginia was the biggest snub when it came to the 2025 men's NCAA basketball tournament. Despite being a staple of 220 out of 225 mock brackets across the college basketball pundit universe, the Mountaineers were left out of the 68-team tournament in favor of bubble teams like Texas and North Carolina. This angered state lawmakers to no end, which created an opportunity. With a few performative press conferences, politicians could drum up support by railing against one of the easiest targets on the American landscape: the NCAA. That's exactly what governor Patrick Morrisey and state attorney general JB McCuskey did Monday, less than 24 hours after West Virginia's frustrating exclusion. This is weird, certainly, but not unpreceded. Let's talk about what we know so far. Does West Virginia have a case? About being included in the tournament? Yes. The Mountaineers were a staple of mock brackets after a 19-13 season. They won six games against Quadrant 1 competition, went 10-10 in Big 12 play and had three wins over AP Top 10 teams. ESPN expert Joe Lunardi had West Virginia included among the "Last Four Byes" in his final Bracketology post, slotting the team in as a 10 seed. From a legal standpoint? Probably not. Good teams have been snubbed from the bracket in the past without threatening lawsuits. The most likely argument will be that the chairman of the selection committee, Bubba Cunningham, also serves as athletic director at the University of North Carolina. Even those Cunningham told CBS he'd recused himself from discussing the Tar Heels' bid when creating the final bracket, the crux of a West Virginia suit would revolve around proving bias and showing this was more than run-of-the-mill bad luck and mismanagement from the NCAA. That will be difficult to definitively show. But given the NCAA's recent history of legal losses, it could be worth a shot. Is West Virginia actually suing the NCAA? So far, no. Morrisey and McCuskey's press conference threw around the word "corrupt" like an old time telegram uses the word "stop," but the pair didn't say they'd filed suit against the governing body of college athletics. Instead, the duo announced an investigation to 'determine if any back room deals, corruption, bribes, or any nefarious activity occurred during the selection process.' That's all tough to prove, so the best case scenario here may be using public pressure to force the NCAA into a more transparent selection committee process. Has anyone sued the NCAA over its selection practices before? No, but Florida recently came close. Florida State was left out of 2023's four-team College Football Playoff despite a 13-0 record after starting quarterback Jordan Travis suffered a broken ankle at the end of the season. The university filed suit against its conference, the ACC, alleging mismanagement. Governor Ron DeSantis, pursuing the Republican nomination for U.S. President at the time, even proposed setting $1 million aside to cover the state's legal fees in case of a lawsuit against the NCAA. Nothing came of it. Is this a problem for the NCAA? Yes, but only in the way everything about the modern world is a problem for college sports' governing body. We've seen President Charlie Baker cave immediately to political pressure this year, following an executive order to exclude transgender athletes from competition. But that was on a federal level. West Virginia cannot force a similar amount of action, even with some specious lawsuits. Furthermore, the NCAA's string of legal defeats have typically revolved around player eligibility and athlete compensation. West Virginia's complaint would have a tough time folding either into its overall case, even if Morrisey has taken on Baker's group before and won. Morrisey and McCuskey would have to prove demonstrable fraud here. Not even the NCAA is incompetent enough to take that risk. Is this all a political stunt designed to bolster support behind West Virginia's elected officials? I mean, we can't say for sure. But yes.
Yahoo
20-02-2025
- Health
- Yahoo
West Virginia Attorney General affirms that Section 504 will not be overturned: ‘It is here to stay'
CHARLESTON, (WBOY) — After receiving concerns from parents, caregivers and other interested parties, West Virginia Attorney General JB McCuskey affirmed on Thursday that a federal lawsuit West Virginia is part of does not plan to do away with the protections for those with disabilities. In a press release, McCuskey stated that Section 504 of the Rehabilitation Act will 'be preserved.' A joint status report filed by all 17 states involved in the case clarifies that they 'have never moved—and do not plan to move—the Court to declare or enjoin Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, as unconstitutional on its face.' The report added that the 17 states don't wish to 'enjoin the disbursement of funds from the Department on the basis that the statute is unconstitutional.' McCuskey said that he and his team have been 'working around the clock' to protect Section 504 and the people who rely on it. What is Section 504? West Virginia joins lawsuit sparking disability rights concerns The case in question is one that West Virginia and 16 other states filed in September 2024 against the Department of Health and Human Services that primarily seeks to undo a rule imposed in May 2024 by the Biden Administration that adds 'gender dysphoria' to the list of protected disabilities under the Americans with Disabilities Act, as well as Section 504 of the Rehabilitation Act of 1973. Both of these pieces of legislation established civil rights for Americans with physical and mental disabilities and protects them from various forms of discrimination under federal law. The lawsuit, named Texas v. Becerra has the primary goal of undoing this rule and declaring it unlawful on the basis that it requires states and entities that receive financial aid from the U.S. Government to oblige people who suffer from gender dysphoria in the same they would anyone who has a physical or mental disability. The lawsuit claims that if upheld, the new rule would require West Virginia to 'expend time, money, and resources to provide reasonable accommodations for those suffering from gender dysphoria.' Despite McCuskey's comments and the focus of the lawsuit being to undo the May 2024 rule, an additional part of the original lawsuit calls on the U.S. Supreme Court to declare Section 504 unconstitutional. This request can be found in the lawsuit here on page 37. Section 504 of the Rehabilitation Act of 1973 establishes federal protections against discrimination for people with disabilities, according to the Department of Health and Human Services. These protections apply to any employers and organizations that receive funding from the federal government, such as public schools and hospitals, and require them to provide equal access and accommodations to people with disabilities. Under Section 504, the previously-mentioned employers and organizations are prohibited from denying employment opportunities for otherwise qualified individuals just because they have a disability. In the initial lawsuit, the states seeking to overturn Section 504 claimed that it forces federal funding to be conditional for whoever receives it. The lawsuit claimed that this violates the Spending Clause of the U.S. Constitution that requires federal expenditures to be 'unambiguous' and to not 'be so coercive as to pass the point at which 'pressure turns into compulsion.'' These states also claimed that Section 504 universally requires federal funding recipients to comply with its policies, even if it doesn't receive any funding pursuant to the Rehabilitation Act or any other disability-related piece of federal legislation. The states claimed that Section 504 forces 'an impossible choice' on them between implementing the act and accepting any amount of federal funding. Bill to remove abortion exemptions for rape, incest introduced for second time in West Virginia legislative session The joint report filed by the states is the most recent move in this case, but other developments are expected over the next couple of months. According to the Judge David L. Bazelon Center for Mental Health Law, a judge has set a schedule for the case, allowing time for the U.S. Government and the 17 states involved in the case to provide documents to the court that they believe will help their cases. This time period runs between December 2024 and April 2025. During this time, outside states or groups that have a stake in the case may file amicus briefs to explain why the court should or should not rule in favor of the 17 states. After the court has all the papers, it will make a decision. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Euronews
07-02-2025
- Politics
- Euronews
'They helped keep the lights on': 22 states sue New York for its Big Oil-financed climate fund
A new law has been enforced in New York which requires a group of major energy producers to pay $75 billion (€72 bn) into a fund to cover climate change damage. 22 US states filed a lawsuit on Thursday contending that the new law is unconstitutional. While the complainants say this could lead America into an energy crisis, New York spokesperson argue it will help the state's climate resilience plans - and the entire nation to transition away from fossil fuels. The climate fund is to make fossil fuels company pay for historic GHG emissions New York state developed a Climate Change Superfund Act, which requires payments of $75 billion (€72 bn) for damage allegedly done by energy companies from 2000 to 2018. The new law requires major fossil fuel companies to pay into the damages fund over the next 25 years, based on their historic greenhouse gas emissions. However West Virginia Attorney General JB McCuskey is leading a coalition of 22 states against the fund. The lawsuit says the state law is 'an ugly example of the chaos that can result when States overreach' and highlights that coal, oil, and natural gas were once fundamental to New York. "They helped keep the lights on in Albany, manufacture the steel that supported New York City's iconic skyscrapers, and fuel the industry that keeps New York ports humming,' the lawsuit further says. McCuskey said in statement that he was "proud" to lead the coalition it what he alleges is an "unconstitutional" law. "This lawsuit is to ensure that these misguided policies, being forced from one state onto the entire nation, will not lead America into the doldrums of an energy crisis, allowing China, India and Russia to overtake our energy independence,' McCuskey said. "If we allow New York to get away with this, it will only be a matter of time before other states follow suit – wrecking our nation's power grid.' The other named states are Alabama, Arkansas, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming. The New York law could set an example in other states to "defeat Big Oil" The lawsuit accuses New York state of trying to force energy producers and consumers in other states 'to subsidise certain New York-based ' infrastructure ' projects, such as a new sewer system in New York City.' The current sewage system is described by experts as "archaic" and not fit to cope with increasing climate-related storm surges and extreme rainfall. Last September, state highways and one of the subway lines flooded when the remnants of storm Ophelia blew through the city, according to Inside Climate News. The state that put forward the law believes that the environmental fund is an important part of its climate resilience and energy transition and is prepared to fight. In 2021, New York City launched the largest urban climate resiliency project in America. Experts fear that rising sea levels by 2050 could put some of New York underwater, particularly the island of Manhattan. 'We look forward to defending this landmark legislation in court and defeating Big Oil once again,' Paul DeMichele, a spokesperson for Democratic New York governor, Kathy Hochul's office, says.
