CHARLESTON, W.Va. — Republican candidates for state Attorney General say that would appeal a federal court’s decision on the state’s trans students sports law to the U.S. Supreme Court like current Attorney General Patrick Morrisey says he’ll do.
State Auditor J.B. McCuskey and state Senator Mike Stuart, a former federal prosecutor, disagree with the recent opinion from the 4th Circuit Court of Appeals that says the state’s law banning transgender girls from participating on girls sports teams unfairly discriminates against Harrison County student Becky Pepper-Jackson.
Stuart, who has two daughters, said if the fight isn’t taken to the U.S. Supreme Court transgender groups will push for the appeal court’s opinion to be recognized statewide and not just in the Pepper-Jackson case.
“All these radical trans groups, all of these radical lefty groups, what are they going to do? They’re going to force us to apply this across the state,” Stuart said last week on MetroNews “Talkline.” “We’re going to set precedent for the rest of the country on this issue because we were frankly on the front end.”
McCuskey, who also has two daughters, said he wants them and other girls across the state to experience the positive and negatives of sports but not the unfairness that allowing biological boys to play girls sports would bring.
“To be able to participate in sports in a way that they learn the invaluable lessons of fair play, competition and that losing can truly be the best way to learn how and why you need to advance,” McCuskey said during a recent “Talkline” appearance.
Clean Power 2.0
Morrisey promised last week the state would fight the federal EPA’s newly-approved Clean Power 2.0 plan that says coal fired power plants have to capture their emissions or close.
McCuskey and Stuart have both made it a point of their campaigns to criticize the federal government for its policies on clean air and other issues.
Stuart has said his legal experience, especially as U.S. Attorney, that will help him stand against Washington.
“You need somebody like me who can fight back against these guys, who knows how to win, who knows how to get injunctions and fight back,” Stuart said. “When they punch you need someone who punches back harder.”
McCuskey goes as far as to say that Washington doesn’t want West Virginia to grow and prosper.
“If they really wanted to see West Virginia to succeed they would have figured out a way to say, ‘Look, we’re going to help you build three new gas power plants. We’re going to help you mine more coal to help you fuel your coal-fired power plants and we’re going to make you a partner in this,'” McCuskey said.
He said he, like Morrisey, won’t hesitate to take take the federal government to court.
“I will sue any bureaucracy that looks down at West Virginia’s economy and says ‘We want to arbitrarily change the way you make money and the way that your people live,'” McCuskey said.
Down the stretch
Stuart said he’s being outspent by McCuskey in the campaign but he said that’s nothing new. He said he defeated incumbent state Senator Ron Stollings two years ago after being outspent. Stuart said there’s no bigger race in the May 14 election than the race for Attorney General.
“This is important. The most important spot on ballot,” Stuart said. “It’s not governor, it’s attorney general.”
McCuskey said he’s held statewide office for the last eight years and state residents know what he’s been able to accomplish in the state Auditor’s Office. He said it will translate down the the hall at the AG’s office.
“I have a track record of building an office that is tax-payer centered and understands the exigent needs of people as they call into state government,” McCuskey said.
Wheeling attorney Teresa Toriseva and Former South Charleston Mayor Richie Robb are seeking the Democrat Party’s nomination in the attorney general’s race.