Siddhesh Joshi (Editor)

Patrick Morrisey

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Governor
  
Earl Ray Tomblin

Name
  
Patrick Morrisey

Preceded by
  
Darrell McGraw

Spouse
  
Denise Morrisey (m. 2008)

Political party
  
Republican

Party
  
Republican Party

Religion
  
Roman Catholicism


Patrick Morrisey Patrick Morrisey announces steering committee meeting

Full Name
  
Patrick James Morrisey

Born
  
December 21, 1967 (age 56) Brooklyn, New York, U.S. (
1967-12-21
)

Alma mater
  
Rutgers University, New Brunswick Rutgers University, Newark

Role
  
West Virginia Attorney General

Office
  
West Virginia Attorney General since 2013

Education
  
Rutgers School of Law–Newark

Profiles

Patrick Morrisey projected to win West Virginia primary


Patrick James Morrisey (born December 21, 1967) is the 34th Attorney General of West Virginia and the first member of the Republican Party to serve as West Virginia's Attorney General since 1933.

Contents

Patrick Morrisey WV AG Patrick Morrisey files US Supreme Court brief

Early life and education

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Born in Brooklyn, New York, Morrisey grew up in Edison, New Jersey. His father was account manager at U.S. Steel, while his mother worked as a registered nurse. Morrisey ran cross-country and played on his high school's tennis team, before he graduated from Bishop George Ahr High School in 1985.

Morrisey graduated with honors from Rutgers College with a Bachelor of Arts in history and political science in 1989. He also attended Rutgers School of Law–Newark, receiving his juris doctor in 1992.

Career

After graduating from Rutgers, Morrisey opened a private law firm in 1992. He practiced health care, election, regulatory and communications law at the lobbying group Arent Fox, from 1995 to 1999. Morrisey served as deputy staff director and chief health counsel for the United States House Committee on Energy and Commerce from 1999 to 2004, where he worked on the passage of the Public Health Security and Bioterrorism Preparedness Response Act and the Medicare Prescription Drug, Improvement, and Modernization Act (establishing Medicare Part D). He ran unsuccessfully for the United States House of Representatives in New Jersey's 7th congressional district in 2000, receiving 9% of the vote in the Republican primary. He worked for Sidley Austin before he joined King & Spalding in 2010, becoming a partner.

In 2012, Morrisey ran for Attorney General of West Virginia against Darrell McGraw, a five-term incumbent. He defeated McGraw and was sworn in on January 14, 2013, making him the first Republican state Attorney General since 1933.

In August 2014, Morrisey filed a lawsuit, along with 11 other states, challenging the EPA's proposal to regulate coal-fired power plants as part of President Barack Obama's plan to mitigate climate change.

Ties to drug companies

Recently, questions have arisen about Morrisey's ties to Cardinal Health, his campaign funds, and the lawsuit his predecessor filed against Cardinal Health. After his claim of recusing himself from the suit, he met privately on several occasions with representatives of the company. Additionally, Cardinal Health has paid nearly $1,500,000 to Morrisey's wife's lobbying firm. Although the West Virginia bar found that Morrisey's previous role as a lobbyist was not an ethics violation, it said his wife's association with Cardinal Health could "diminish the integrity of the process and create the appearance of impropriety." Eventually, Cardinal Health settled a lawsuit brought by the state attorney general's office by paying a $20,000,000 fine for violating consumer protection laws.

Morrisey says that the West Virginia Attorney General's Office has "worked to fight federal overreach by filing amicus briefs before the U.S. Supreme Court on a number of issues, ranging from protecting the Second Amendment to defending state jobs and our valuable energy resources." He has said that he did not expect to win many court cases and his "goal for the Obama agenda" was to "gum up the courts enough over the course of the next four years to be able to slow down the Obama administration on these regulations" and "that is going to be the best we can do." He said his plan was "limit the damage that the Obama administration can inflict on our citizens" and "make it as hard as possible for the administration to finalize invalid rules."

Patient Protection and Affordable Care Act

On July 29, 2014, State of West Virginia v United States HHS, et al. (1:14-cv-01287-RBW) was filed which challenges regulatory changes, described by the administration as an 'administrative fix', to the PPACA's implementation. The temporary fix allows insurance companies through October 2016 to renew health insurance policies that don’t meet ACA’s standards — as long as state insurance officials OK the extension. Defendant (HHS) has submitted a motion to dismiss for lack of jurisdiction, and the plaintiff has filed an opposition to the motion.

Environmental Protection Agency

Morrisey's office has filed many lawsuits and amicus briefs challenging the United States Environmental Protection Agency (EPA) with little success.

American Farm Bureau v. EPA. On September 13, 2013, in American Farm Bureau Federation v. EPA, the United States District Court for the Middle District of Pennsylvania said that the EPA had the authority under the Clean Water Act to impose a total maximum daily load standard for pollutants and that the procedures established were consistent with the Administrative Procedure Act. This is contrary to the argument by Morrisey's amicus brief which said that the "EPA's overreach in the Chesapeake Bay Total Maximum Daily Load (TDML) infringes states' traditional rights the Clean Water Act intended to protect."

Mingo Logan Coal v. EPA. On March 24, 2014, in Mingo Logan Coal Company v. EPA, the Supreme Court of the United States dismissed the case without comment finding that the appeal had no merit. The Court rejected the argument in Morrisey's brief which said that the "EPA unlawfully vetoed permits issued by the United States Army Corps of Engineers."

White Stallion v. EPA. On April 15, 2014, in White Stallion Energy Center v. EPA, the United States Court of Appeals for the District of Columbia Circuit said that the EPA's Mercury and Air Toxics Standard (MATS) rule regulation of emissions from coal-fired electric generating units was appropriate and necessary and that the EPA acted within its legal authority and demonstrated a reasonable connection between its action and the record of decision. The Court rejected the argument in Morrisey's brief which said that the "EPA rule usurped the states’ authority by setting minimum substantive requirements for state performance standards."

Homer City v. EPA. On April 29, 2014, in EPA v. EME Homer City Generation, the U.S. Supreme Court said the EPA's Cross-State Air Pollution Rule was a cost-effective allocation of emission reductions among upwind States and is a permissible, workable, and equitable interpretation of the Good Neighbor Provision. The Court rejected the argument in Morrisey's brief which claimed that the "EPA exceeded its authority under the federal Clean Air Act when it promulgated the Cross-State Air Pollution Rule".

Utility Air v. EPA. On June 23, 2014, in Utility Air Regulatory Group v. EPA, the U.S. Supreme Court said that the EPA reasonably interpreted the Act to require sources that would need permits based on their emission of conventional pollutants to comply with Best Available Control Technology (BACT) for greenhouse gases and that EPA’s decision to require BACT for greenhouse gases emitted by sources otherwise subject to Prevention of Significant Deterioration (PSD) review is, as a general matter, a permissible interpretation of the statute. The Court rejected the argument in Morrisey's brief which said that the "EPA violated the U.S. Constitution and the Clean Air Act by concocting greenhouse gas regulations" and that court needed to "rein in a usurpatious agency and remind the President and his subordinates that they cannot rule by executive decree."

Murray Energy v. EPA. On June 25, 2014, Morrisey and other attorneys general submitted an amicus brief in Murray Energy v. EPA before the U.S. Court of Appeals, D.C. Circuit This lawsuit was prematurely filed before EPA has issued the final standards, which are not due until June 1, 2015. The D.C. Circuit has already ruled less than two years earlier in December 2012 on this issue in Las Brisas Energy Center v. EPA. The court dismissed the case with a single short sentence: "The challenged proposed rule is not final agency action subject to judicial review."

National Mining v. EPA. On July 11, 2014, in National Mining Association vs EPA, the United States Court of Appeals for the District of Columbia Circuit said that the EPA and the U.S. Corps of Engineers had the statutory authority under the Clean Water Act to enact a procedure rule (Enhanced Coordination Process memorandum) to review mountaintop mining permits. The Court rejected the argument in Morrisey's brief which claimed that the "EPA was attempting to take for itself responsibilities reserved to the states and other federal agencies."

West Virginia et al. v. EPA. On July 31, 2014, Morrisey and attorneys general from other states filed a lawsuit West Virginia et al. v. EPA in the United States Court of Appeals for the District of Columbia Circuit challenging a court ordered settlement over three years earlier on March 2, 2011 between the EPA and 11 states - New York, California, Connecticut, Delaware, Maine, New Mexico, Oregon, Rhode Island, Vermont, Washington, Massachusetts, and the District of Columbia. In this settlement, EPA promised to issue its now-pending rule establishing standards of performance for greenhouse gas (GHG) emissions from Electric Utility Steam Generating Units (EGUs). A settlement was reached based on guidance from the U.S. Supreme Court ruling in Massachusetts v. Environmental Protection Agency in 2007 where the Supreme Court held that carbon dioxide is an air pollutant subject to regulation under the Clean Air Act. The attorneys general's lawsuit is over three years late. The EPA published the proposed settlement in December 2010, and Section 113(g) of the Clean Air Act allows a 30-day period to challenge any requirements of the Clean Air Act.

In Morrisey's lawsuit against the EPA he said that the Clean Air Act "precludes EPA from directing States to establish standards of performance for any existing source for any air pollutant." The U.S. Court of Appeals for the District of Columbia Court disagreed with Morrisey, and on June 9, 2015, said it "denied the petition for review and the petition for a writ of prohibition because the proposed rule of concern is not final. The Court only claims authority to review the legality of final agency rules, not proposals."

West Virginia et al. v. EPA (Motion for Expedition of challenge to Clean Power Plan). On October 21, 2014, the U.S. Court of Appeals for the District of Columbia Circuit denied Patrick Morrisey's Motion for Expedition of hearing on challenge to Clean Power Plan, which he filed on September 3, 2014. On June 2, 2014, the EPA had released the draft Clean Power Plan. On September 2, 2014, New York and 11 states had filed a petition in support of the Clean Power Plan.

West Virginia et al. v. EPA (challenged draft Clean Power Plan rule). On June 9, 2015, the U.S. Court of Appeals for the District of Columbia Circuit rejects Patrick Morrisey's challenge to draft Clean Power Plan rule as being premature, because the rule was a draft rule, not a final rule, and not yet published in the Federal register. On August 1, 2014, West Virginia and 12 states had filed suit to block the draft Clean Power Plan rule.

West Virginia et al. v. EPA (request for emergency stay of final Clean Power Plan rule). On September 9, 2015, the U.S. Court of Appeals for the District of Columbia Circuit refused to grant Patrick Morrisey's request for an emergency stay in the Clean Power Plan. On August 5, 2015. West Virginia and 12 states had requested to halt implementation of the Clean Power Plan until the courts make a ruling. On August 13, 2015. West Virginia and 12 states had filed a petition for an emergency stay. On August 3, 2015, the EPA had announced the final rule for the Clean Power Plan. On August 14, 2015, California and 15 states had filed a petition in support of the Clean Power Plan.

West Virginia et al. v. EPA (request to deny implementation of Clean Power Plan). On January 21, 2016, the U.S. Court of Appeals for the District of Columbia Circuit denied Patrick Morrisey's request to halt implementation of the Clean Power Plan until litigation is concluded. On October 23, 2015, West Virginia and 24 states had filed suit against the Clean Power Plan. On October 23, 2015, the EPA had published the Clean Power Plan in the Federal Register.

West Virginia et al. v. EPA (request to stay Clean Power Plan). January 26, 2016. West Virginia and 24 states filed suit to stay the Clean Power Plan before the U.S. Supreme Court. On February 9, 2016, the U.S. Supreme Court granted a stay of Clean Power Plan while the case is litigated in the U.S. Court of Appeals for the District of Columbia Circuit. On March 16, 2016, New York and 19 states filed a petition in support of the Clean Power Plan. Oral arguments are scheduled for September 27, 2016 on the Clean Power Plan.

Second Amendment

Morrisey has filed several amicus briefs in lawsuits challenging Second Amendment decisions with little success.

Kachalsky v. Cacace. On April 15, 2013, the U.S. Supreme Court refused to hear an appeal in Kachalsky v. Cacace which challenged a New York law that requires a person to show a particular need to obtain a permit to carry a firearm outside the home. Morrisey and attorneys general from other states had submitted a brief challenging the lower court decision saying that the law "does not survive any level of scrutiny".

Drake v. Jerejian. On May 5, 2014, the U.S. Supreme Court refused to hear an appeal in Drake v. Jerejian which challenged New Jersey’s requirement that concealed carry permit applicants must demonstrate a “justifiable need” in order to be issued a handgun carry permit. Morrisey and attorneys general from other states had submitted a brief challenging the lower court decision saying that New Jersey's law would "threaten" and "shake the foundation" of less restricting gun permitting schemes in other states."

Abramski v. United States. On June 16. 2014, the U.S. Supreme Court in Abramski v. United States of America said that "regardless whether the actual buyer could have purchased the gun, a person who buys a gun on someone else’s behalf while falsely claiming that it is for himself makes a material misrepresentation punishable" under the law. This is contrary to the claim made by Morrisey that the "Department of Justice wants to ensnare innocent West Virginian gun owners in a web of criminal laws if they try to sell their guns" and that "the administration’s interpretation oversteps the law and could make criminals out of innocent citizens."

New York State Rifle & Pistol Association v. Cuomo and Connecticut Citizens’ Defense League v. Malloy. On October 19, 2015, the U.S. Court of Appeals for the Second Circuit in New York State Rifle & Pistol Association v. Cuomo and Connecticut Citizens said that "The core prohibitions by New York and Connecticut of assault weapons and large capacity magazines do not violate the Second Amendment." This is contrary to the claim made by Morrisey and other state attorneys general that the "New York’s outright prohibition of semi-automatic firearms burdens the fundamental right to keep and bear arms" and "New York’s ban of semi-automatic firearms cannot survive strict scrutiny"

Friedman v. City of Highland Park. On December 7, 2015, the U.S. Supreme Court refused to hear an appeal of the case Friedman v. City of Highland Park. Morrisey and other attorneys general had filed an amicus brief saying that the ruling by the U.S. Court of Appeals for the Seventh Circuit was a "threat posed by narrow judicial construction of the Second Amendment to their citizens and policies." The U.S. Court of Appeals for the Seventh Circuit earlier on April 7, 2015 dismissed Morrisey's arguments saying “Assault weapons with large-capacity magazines can fire more shots, faster, and thus can be more dangerous in aggregate. Why else are they the weapons of choice in mass shootings?”

Peruta v. County of San Diego. On June 9, 2016, the 9th U.S. Circuit Court of Appeals in Peruta v. County of San Diego said that "We hold that the Second Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public." This is contrary to the claim made by Morrisey and other state attorneys general that the "New York’s outright prohibition of semi-automatic firearms burdens the fundamental right to keep and bear arms" and "New York’s ban of semi-automatic firearms cannot survive strict scrutiny."

Immigration

In July 2017, Texas Attorney General Ken Paxton led a group of Republican Attorneys General from nine other states, including Morrisey, plus Idaho Governor Butch Otter, in threatening the Donald J. Trump administration that they would litigate if the president did not terminate the Deferred Action for Childhood Arrivals (DACA) policy that had been put into place by president Barack Obama. Tennessee Attorney General Herbert H. Slatery, III subsequently reversed his position and withdrew his participation from the proposed suit on August 31st. Slatery went further to urge passage of the DREAM Act. The other Attorneys General who joined in making the threats against Trump included Steve Marshall of Alabama, Leslie Rutledge of Arkansas, Lawrence Wasden of Idaho, Derek Schmidt of Kansas, Jeff Landry of Louisiana, and Doug Peterson of Nebraska.

U.S. Senate election, 2018

Morrisey announced his intentions to run for the United States Senate seat currently held by Joe Manchin on July 10, 2017. His main competitor for the Republican nomination is U.S. Congressman Evan Jenkins.

Personal

Morrisey moved to Jefferson County, West Virginia in 2006. His wife lives separately in northern Virginia.

References

Patrick Morrisey Wikipedia