West Virginia faces federal lawsuits over laws denying equality and opportunity
December 19, 2024
Charleston, WV; December 19, 2024: Pacific Legal Foundation (PLF) filed two federal lawsuits today challenging West Virginia laws that violate the Fourteenth Amendment of the U.S. Constitution. One case targets racial quotas for the State Bar’s Board of Governors, while the other challenges protectionist laws restricting economic opportunity. Both cases highlight how, by ignoring constitutional protections, West Virginia is undermining equality and opportunity in the state.
Case 1: Racial quotas on the State Bar’s Board of Governors
West Virginia law reserves a seat on the Board of Governors for African American representatives. Moreover, only lawyers identifying as African American can vote for this seat. These racial quotas violate the Fourteenth and Fifteenth Amendments by excluding individuals from participation based on race. The Foundation Against Intolerance & Racism (FAIR), a national nonprofit advocating equal protection under the law, has members eligible for board nomination but disqualified solely due to their race. Such policies perpetuate division and deny equal opportunity for all West Virginians.
The case is Foundation Against Intolerance & Racism v. Mary Jane Pickens.
Case 2: Protectionist laws blocking economic growth
Derek Eisenberg, a real estate entrepreneur, is challenging a law requiring out-of-state brokers to maintain a physical office in West Virginia — a measure that stifles competition, burdens innovation, and prevents West Virginia residents from accessing services. Despite running a successful online brokerage, Eisenberg must pay thousands of dollars annually for an unnecessary in-state office.
The case is Eisenberg v. Ferro.
“The way to expand opportunity in West Virginia is not through racial quotas, but rather by rolling back regulations that keep people out of jobs and make prices higher,” said Anastasia Boden, a senior attorney at Pacific Legal Foundation. “West Virginia’s scheme of racial preferences and arbitrary regulations flips the Fourteenth Amendment’s promise of equality and opportunity on its head.”
Represented at no cost by Pacific Legal Foundation, Derek Eisenberg and FAIR’s members are fighting to protect their constitutional freedoms and challenge West Virginia’s unconstitutional laws.
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About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.
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