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March 2, 2021

Marc Williams on WVa House Resolution Blocking Future Impeachment Interferences by Courts

West Virginia Record

The House of Delegates in Charleston, W. Va. has passed a resolution stating that courts have no authority to interfere with impeachment proceedings in the House or state Senate.

“The problem I have with the resolution is that West Virginia has a very specific Separation of Powers provision in the state Constitution which says the legislative branch, the executive branch and the judicial branch have definite roles and you can’t interfere with those roles,” Marc Williams told The West Virginia Record. “That’s actually one of the defenses we raised in our case. What they’re trying to do is to amend the state Constitution to eliminate the separation of powers enabling judicial oversight over impeachment.”

He goes on to say, "No matter how crazy or bad or flawed an impeachment proceeding is, a state court can not intervene to protect the party being impeached. Let’s say someone decides to impeach a Democratic officeholder simply because they don’t like Democrats. It would be permissible, and there is no way to fight it in court. Same goes for a minority officeholder who is impeached simply because they’re a minority. There is nothing a state court could do about it.”