Quote of the Day

"(A) judicial officer should be subject to FOIA as a 'state officer' and member of a 'public body.'"

-- Kanawha Circuit Judge Louis "Duke" Bloom, largely ruling in favor of The Associated Press as it appealed the state Supreme Court's denial of Freedom of Information Act requests made in the wake of the Monaco photos scandal.

They Voted For You: Energy (Updated)

U.S. Reps. Alan Mollohan, D-1st, and Nick Rahall, D-3rd, helped pass the "Comprehensive American Energy Security and Consumer Protection Act" late Tuesday.

Rep. Shelley Moore Capito, R-2nd, opposed the measure, which prevailed 236-189 on a largely party-line vote.

Among other provisions, the bill would "open waters off the Atlantic and Pacific coasts to oil and gas drilling but only 50 or more miles out to sea and only if a state agrees to energy development off its shore," The Associated Press reports.

"Republicans called the drilling measure a ruse to provide political cover to Democrats feeling pressure to support more drilling at a time of high gas prices," AP said.

The legislation also includes "tax credits for wind and solar energy industries," alternative source requirements for utilities, and a gradual rollback of $18 billion worth of tax breaks for the five largest oil companies, the article said.

It also contains a gift ban and ethical rules in response "to a recent sex and drug scandal involving the federal office that oversees the offshore oil royalty program,"AP reports, and would "require energy companies to pay billions of dollars in royalties they avoided because of an Interior Department contracting error."

Capito had been part of an informal, bipartisan working group that worked over the summer on energy legislation. She joined all but one of its identified Republicans to vote against Tuesday's bill.

That member, Rep. Robin Hayes, R-N.C., voted with all but one of the group's identified Democrats in favor of the bill, including co-chairman Neil Abercrombie of Hawaii. The remaining Democrat, Rep. Nick Lampson of Texas, did not vote.

Capito called the bill "misguided" and a "partisan ploy" in a press release. Her Democratic challenger, Anne Barth, alleged that Capito had sided with "Big Oil" and "against lowering gas prices and against West Virginia coal."

The Democratic Congressional Campaign Committee issued a similar attack.

Update: MetroNews Talkine asks Capito and Rahall about the bill and Tuesday's vote. With audio.

Tuesday Election Roundup

• U.S. Rep. Shelley Moore Capito, R-2nd, and Democratic challenger Anne Barth appeared before the Charleston Daily Mail's editorial board.

• The Charleston Gazette hears from Attorney General Darrell McGraw and his GOP opponent, Dan Greear.

• Agricultural Commissioner Gus Douglass and Mike Teets, the Republican nominee, also met at The Gazette's offices.

• Public Broadcasting interviews U.S. Sen. Jay Rockefeller, D-W.Va., about his re-election bid. With audio.
  

Election 2008 Roundup

• The Associated Press reports on the reticent approach to public debates displayed by some candidates this year, particularly incumbents.

• Virginia Gov. Tim Kaine will headline this year's Jefferson-Jackson Dinner, held by the state Democratic Party and slated for Saturday in Charleston. AP has details, while The Charleston Gazette noted earlier that the Democrats had tried to land Barack Obama or Joe Biden. (Gov. Joe Manchin told AP earlier that he had gotten Kaine to commit to speaking while he was on Obama's VP short list. Obama spoke at the 2006 dinner, while former President Bill Clinton headlined it last year.)

• The Gazette scrutinizes polling in the state Supreme Court race, with a noted national political analyst questioning one recent survey.
  

Gambling in West Virginia: Kanawha County

The Charleston Gazette takes another look at allegations that Kanawha County's indoor smoking ban has hurt video lottery revenues at participating bars and clubs.

Lottery Commission figures show a countywide dip in activity in June and July but a gradual rise since then. "That seems to suggest that Kanawha County will follow the pattern of other localities across the country that have enacted smoking bans - after an initial drop-off, business rebounds, and frequently goes on to exceed pre-smoking ban levels as the businesses attract more customers from the non-smoking majority," the article said.

Lottery officials also question the role high gas prices may have played in the early summer decline.

W.Va.'s New Approach to Medicaid Remains Under Fire

Health care providers in southern West Virginia are adding to the concerns voiced earlier over West Virginia's federally approved plan for revamping its Medicaid insurance program for the poor and disabled, The Register-Herald reports.

“Medicaid managed care and the new Medicaid redesign are a hindrance to the stability of persons with chronic mental illness,” Mike Mays, CEO of regional behavioral health provider FMRS Health Systems Inc. told the newspaper.

The Beckley newspaper also has a separate article in which legislative leaders weigh in.

“For some reason, that has become an extremely bitter battle between the providers and the department,” said House Health and Human Resources Chairman Don Perdue, D-Wayne.

Election 2008 Roundup

• Secretary of State Betty Ireland has asked a federal judge to withdraw his April ruling that blocked parts of West Virginia's election advertising disclosure requirements. As The Associated Press reports, Ireland argues the recent special session legislation cures the flaws targeted by that ruling, but the group the challenged disclosure considers the new law as bad as the old one.

• A national group hopes to help elect Democrat Natalie Tennant as West Virginia's next secretary of state, according to the Center for Public Integrity. The nonpartisan research center includes the state among four where the Secretary of State Project is starting to raise funds for Democrats running for that office. It's goal is “to protect our elections from dirty Republican tricks."

• The Charleston Daily Mail hears from candidates running for seats in Kanawha County's 30th House district.

• MetroNews touts a Republican pollster's surveys in the state Supreme Court and attorney general races, with audio.
  

Gambling in West Virginia: The Greenbrier

Urged on by the union representing workers at the historic resort, the Greenbrier County Commission has voted to place the question of allowing casino table games at The Greenbrier on the November ballot, The Associated Press reports.

A 1999 law allows the local option election, but county voters defeated such a measure in 2000.

The Register-Herald of Beckley was among the first with the story, and earlier reported on the union taking the issue to the commission. MetroNews has a story as well, and audio. The latter also interviewed union officials about the gambit (with audio as well).

In other gambling news, Kanawha County bars and clubs complain of a deline in their limited video lottery revenues they blame on the county's smoking ban, The Charleston Gazette reports.

McHugh to sit in for Albright

Retired Supreme Court Justice Tom McHugh will hear cases for Justice Joseph Albright while Albright spends the rest of the year recovering from recent surgery, the court has announced.

Besides the court's press release, those with coverage include The Associated Press, The Charleston Gazette, MetroNews and The Intelligencer of Wheeing.

Election 2008: Governor

Gov. Joe Manchin and one of his November opponents, Mountain Party nominee Jesse Johnson, squared off on energy, health care and other issues in front of the editorial board of The Charleston Gazette this week.

The Register-Herald of Beckley, meanwhile, reports that Manchin and his challengers are expected to appear at four debate-like forums before Election Day:

• Oct. 13 in Charleston, before the state broadcasters' association;
• Oct. 16, at The Journal of Martinsburg;
• Oct. 19, to be televised by state public broadcasting and co-sponsored by The Associated Press;
• Oct 21, at the Dominion-Post of Morgantown.

They Voted For You: Mexican Trucks, Veterans

West Virginia's delegation in the U.S. House helped passed several measures this week by unanimous or near-unanimous margins:

• A 395-15 vote advanced legislation that would "prohibit the Secretary of Transportation from granting authority to a motor carrier domiciled in Mexico to operate beyond United States municipalities and commercial zones on the United States-Mexico border unless expressly authorized by Congress."

• With no dissent, the House passed a bill to expand health care options for rural veterans through a pilot program, and approved a Senate measure that would boost veteran disability payments to meet inflation.

Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, voted for all three bills. The Register-Herald of Beckley heard from the latter two on the veterans measures.

Election 2008 Roundup

• The Charleston Gazette asks this year's Supreme Court candidates whether they support automatic appeals in cases involving punitive damages (among other questions).

• The Gazette earlier quizzed U.S. Rep. Shelley Moore Capito, R-2nd, and Democratic challenger Anne Barth on Iraq and other issues in their race.

• The Associated Press reports on complaints filed or planned by Attorney General Darrell McGraw targeting third-party attack ads as the Democrat seeks re-election.

• The Charleston Daily Mail reports both on booster groups supporting the presidential candidates in West Virginia, and on a Republican pollster's numbers for their in-state race.
  

Justice Albright Out for Rest of the Year

Still recovering from surgery on his esophagus and citing the advice of his doctors, West Virginia Supreme Court Justice Joseph Albright has recused himself from the rest of the fall term, The Associated Press reports.

The Charleston Gazette and MetroNews also have reports. The court has posted both a release on his decision, and the letter he sent.

The New York Times Adds Its Voice to Caperton v. Massey Case

An editorial in the Sunday New York Times echoes the American Bar Association and other groups in urging the U.S. Supreme Court to review the ruling by its West Virginia counterpart overturning a $76.3 million judgment against Massey Energy Co.

The Times (registration required) opines further that the court should toss the "tainted" decision, citing the $3 million spent by Massey CEO Don Blankenship to help elect Justice Brent Benjamin.

W.Va. RNC Delegation Makes Late Night TV

The tail end of this video from NBC's Late Night with Conan O'Brien features special correspondent Triumph the Insult Comic Dog shadowing West Virginia's delegation to the Republican National Convention.

W.Va. Coal Plant Project Loses Federal Funding

The U.S. Department of Energy has dropped plans to fund a $416 million power plant that would burn coal and coal waste in western Greenbrier County, The Charleston Gazette reports.

"Developers have for more than five years struggled to come up with private money to match DOE funds, and environmental groups have complained that the project would pollute local air and water," the article said. "DOE spent more than $8 million on project planning, and the West Virginia Economic Development Authority lost $3 million in a loan guarantee approved in 2004 by the Wise administration."

Four Years Later

West Virginians attending the Republican National Convention are contrasting their treatment with what they experienced at the 2004 event, The Charleston Gazette reports.

"Last time, the delegation was assigned a five-star hotel in midtown Manhattan, within walking distance of Madison Square Garden, where they had prime seating on the convention floor," the article said.

But with West Virginia no longer a battleground state (but instead considered safe McCain territory), "This time, they've been relegated to a second-tier hotel in Bloomington, Minn., a good 20 miles away from the convention center in St. Paul, where the delegation's seats are pushed off to the side of the stage."

Quote of the Day

"I don't think she saw me until she hit me. At least I saw the car. It was in slow motion. You realize this is going to happen and it does."

-- First Lady Gayle Manchin, recounting her weekend bicycle mishap to the Charleston Daily Mail.

W.Va. Supreme Court Begins Fall Term (Updated)

The Associated Press highlights some of higher profile cases slated to appear before the justices during the term that begins Wednesday.

"The fall term marks the last few months on the bench for both justices Larry Starcher and Spike Maynard," MetroNews notes in its preview. "Starcher decided not to seek reelection while Maynard was defeated in the May Primary Election."

MetroNews reports further that while not in person, Justice Joseph Albright "planned on participating despite remaining hospitalized after recent esophagus surgery."

Update: Public Broadcasting interviews Ted Olson, the former Bush Administration solicitor general who is now pressing the U.S. Supreme Court to review a ruling by the state justices on conflict-of-interest grounds. With audio.

Update II: AP reports on Wednesday's arguments before the state court in the dispute over the language of Huntington's residency ordinance for city employees.

Covering the Republican National Convention

• MetroNews Talkline is broadcasting daily from Minneapolis-St. Paul, and offers photos and audio along with interviews and other dispatches.

• Political science professor Robert Rupp is again filling in as a special correspondent at the convention for The Intelligencer of Wheeling.

• The Republican Gazette has photos and updates.
  

Health Care in West Virginia

West Virginia's attempt to improve the health of its residents on a statewide scale over the course of this decade "shows a gradual progress in many areas that add up to some good news," but "some of the plan's goals still seem unlikely to be met in the next year and a half," The Associated Press reports.

AP health care writer Tom Breen examines the objectives of the "West Virginia Healthy People 2010" initiative to gauge its progress so far. While obesity is actually down since 2000, and more residents are checking their cholesterol regularly and exercising more, "goals are far from being met in a wide range of other categories, including cigarette smoking, colorectal cancer screening and hypertension rates," Breen found.

The Charleston Gazette, meanwhile, cites a new study to report that "West Virginia has the second-highest percentage of children with chronic health problems in the nation, a troubling statistic that highlights the state's need to expand health coverage for kids."

Quote of the Day

"He's a bully. He treats people terribly."

-- U.S. Sen. Jay Rockefeller, regarding GOP presidential nominee-in-waiting John McCain, at the Labor Day rally at Racine as reported by The Associated Press.

(The West Virginia Democrat prefaced his lengthy attack on his Senate colleague by promising the Boone County crowd that "I will nail him, without mercy.")

Election 2008: Labor Day Roundup (Updated)

• Labor Day marks the traditional start of fall campaigning in West Virginia, and The Associated Press (updated) was among those covering such events as the 70th annual United Mine Workers rally at Racine, Boone County.

• AP also examines Barack Obama's fortunes in the Mountain State, in the wake of his historic nomination at last week's Democratic National Convention.

• One of the Legislature's three black members tells The Register-Herald that "in West Virginia, race is a major handicap for Barack Obama in his quest to woo enough voters." The Beckley newspaper also hears from Gov. Joe Manchin on the subject.

• All three candidates for two seats up this year on West Virginia's Supreme Court made their pitches to the state Chamber of Commerce at its annual meeting last week. AP has a report, as does The Register-Herald.

• U.S. Rep. Shelley Moore Capito, R-2nd, has coal as the focus of her latest campaign ads, highlighted by the Charleston Daily Mail.
  

• The Daily Mail has a separate item on third-party ads popping up in the Supreme Court and attorney general races.

• (Update) WTRF-TV elicited some positive comments from Manchin regarding John McCain's running mate, Alaska Gov. Sarah Palin.

• (Update) Manchin's GOP opponent, former state Sen. Russ Weeks, is "critical of the state's role in the $800 million coal to liquid fuel plant CONSOL plans to build in Marshall County," MetroNews reports. With audio.
  

Driver Not Cited in Bike Mishap with W.Va. First Lady

West Virginia First Lady Gayle Manchin was briefly taken to a hospital Sunday after a vehicle struck her while she and her husband were bicycling near the state Capitol, The Associated Press reports.

The first lady was later released following the morning incident, and the vehicle's driver was not cited, AP reports.

West Virginia at the Republican National Convention

The state GOP has posted its roster of delegates and alternatives to the Republican National Convention in Minneapolis-St. Paul.

The convention web site also has a section for West Virginia, but it does not yet appear to list delegates or where they are seated at the Xcel Energy Center.

West Virginians also have yet to appear in the schedule of events for the convention. But that part of the site appears dated, as it lists speakers who have withdrawn amid concens over Hurricane Gustav.

The convention has posted a lengthy memo outlining changes prompted by Gustav.

Election 2008 Roundup

• The Register-Herald of Beckley hears from Barack Obama supporters on such issues as guns, coal, military and foreign policy and southern voters as they tout his chances in West Virginia.

• State Democratic Party Chairman Nick Casey tells The Charleston Gazette that either Obama or running mate Joe Biden could headline the party's annual Jefferson-Jackson Dinner this fall. (Gov. Joe Manchin had earlier told The Associated Press that he had signed up Virginia Gov. Tim Kaine for the gig -- but back when Kaine considered himself on Obama's veep short list.)

• The Charleston Daily Mail reports that Republican Dan Greear took repeated aim at his Democratic opponent, Attorney General Darrell McGraw, during the West Virginia Chamber of Commerce's ongoing annual Business Summit.

• Gov. Joe Manchin has incurred the wrath of the West Virginia State Firemen's Association for failing to attend its recent Charleston convention, "held just a week after the governor traveled to Las Vegas for a national firefighters' function," the Daily Mail also reports.

• Poised to begin accepting public campaign funding next month, presumptive GOP presidential nominee John McCain came close to outraising Obama among West Virginians in July, AP reports. McCain attracted about $51,800 and Obama around $53,300 from Mountain State residents that month, bringing their in-state totals to $172,700 and $302,500, respectively.

Ask Joe Manchin

From the Democratic National Convention, Gov. Joe Manchin will answer viewer questions on behalf of party leaders this afternoon at 2:30 p.m. (EST) on the NewsHour with Jim Lehrer on PBS.

Folks can submit their questions here.

Rockefeller at the Dem Convention

The Democratic National Convention offers both text and video of Sen. Jay Rockefeller's speech there Wednesday.

West Virginia's junior senator told both The Associated Press and The Charleston Gazette beforehand that presidential nominee Barack Obama should not write off the Mountain State.

Update: Rockefeller also spoke to The Journal of Martinsburg, The Register-Herald of Beckley, Public Broadcasting (with audio), MetroNews (ditto) and the Charleston Daily Mail.

Public Broadcasting also has audio of his convention speech.

West Virginia, By The Numbers

• Though it remains well below the national level, median household incomes grew in West Virginia last year at a much higher rate than seen nationally, according to the latest U.S. Census estimates. The 8.3 percent increase equals about $3,129, bringing the median to $40,800 and a 45th ranking. The national median was $49,901, a 2 percent increase.

• The Census also released estimates on poverty rates, which also shows slight improvement for the Mountain State.

• Health insurance coverage estimates rounded out Tuesday's data release from the bureau. Public Broadcasting reports on all three topics (with audio), while The Associated Press focuses on the results for the 13-state Appalachian region.

• AP reports on a legislative audit that estimates that the state has saved less than $300,000 in drug costs from the efforts of the four-year-old Pharmaceutical Cost Management Council. State officials dispute some of the findings. The Gazette also has coverage.
  

• AP and The Gazette reported earlier on a uptick in medical malpractice claim filings, citing the West Virginia State Medical Association.
  

Manchin Speaks At Dem Convention

Gov. Joe Manchin addressed the Democratic National Convention during the 7 p.m. (EST) hour. The convention has posted video, while C-SPAN has a link as well.

The Associated Press has an article and text from his prepared remarks. Others with coverage include Public Broadcasting (with audio), MetroNews and MSNBC.

West Virginians at the Democratic National Convention

• MetroNews Talkline is broadcasting from the convention all week, and has posted numerous articles along with audio and photo galleries;

• The Parkersburg News is posting dispatches from a Wood County attendee;

• The Intelligencer of Wheeling has Robert Rupp as its special convention correspondent;

• West Virginia Blue is blogging from the convention, and had photos as well;

• A contributor to the above's coverage is also posting at Wabi-Sabi.

(Will update if more are found.)

Saving Rocky in West Virginia

The West Virginia northern flying squirrel is coming off the federal endangered species list today, but not without some controversey, The Charleston Gazette reports.

"Two of three academic experts brought in by the Interior Department recommended against the delisting," the article said. "Those outside scientists backed wildlife advocates who said the agency had little data to support its claim that the squirrel has recovered."

Taking the squirrel off the list "would remove the general prohibition against killing the squirrels or seriously damaging vital habitat," The Gazette explains. "It would also relieve developers of various projects - from housing developments to wind farms or strip mines - from going through Endangered Species Act reviews or writing habitat conservation plans."

Besides the third academic reviewer, "the U.S. Forest Service backed the delisting, as did West Virginia's Divisions of Forestry and Natural Resources," the article continued. "Plum Creek Timber and the owners of Snowshoe Mountain Resort also submitted letters of support."

The Gazette also has photos, while Public Broadcasting (with audio) and The Associated Press have items as well.

Legislative Interims Roundup

• West Virginia is weighing whether to charge prison inmates for their upkeep by having them " work on-site for private firms at prevailing wages," The Register-Herald of Beckley reports. The article notes that "back in the 1930s, owing to abuses, the federal government ended the concept of letting convicts work for private industries."

• Because more younger members than expected left the state's 401(k)-style retirement plan for its traditional pension program, the state is looking at a $22 million savings from the recent mass transfer, The Associated Press reports. The Charleston Gazette also has a story.
  

• Lawmakers quizzed West Virginia Turnpike officials about the Aug. 5 accident that left hundreds of motorists stranded for hours on the toll road, The Gazette reports.

• AP reports on plans by Kanawha County to return to court over the library funding issue, unhappy with the measure passed by lawmakers last year in response to its initial legal challenge.
  

W.Va. Dispatches from the Dem Convention

• Gov. Joe Manchin talked to The Intelligencer of Wheeling about his plan to focus on the economy when he addresses the convention audience. "Manchin, presently chairman of the Democratic Governors Association, will be among 10 governors slated to speak between 7-8 p.m. Tuesday," the newspaper reports.

• At least one convention delegate from West Virginia is holding out hope that Hillary Clinton somehow steals the nomination from Barack Obama. “Theoretically, she could still win it,” state Sen. Shirley Love, D-Fayette, told The Register-Herald of Beckley. “Probably? No.”

• MetroNews reports that superdelegate and U.S. Sen. Robert C. Byrd, D-W.Va., is not expected to make the trip to Denver. It also offers a photo gallery of scenes outside the convention center.
  

Election 2008 Shorts

• With the election less than three months away, The Associated Press peeks into the coffers of the state's main political parties to find some significant disparities;

• The Charleston Daily Mail reports on the pro-choice support enjoyed both by U.S. Rep. Shelley Moore Capito, R-2nd, and her Democratic challenger Anne Barth.

• (Update) After touting friend and Virginia Gov. Tim Kaine for the slot, Gov. Joe Manchin tells the Times-West Virginian of Fairmont that he supports the choice of Sen. Joe Biden, D-Del., as Barack Obama's running mate.
  

W.Va. Seated At Dem Convention (Updated)

West Virginia's 44-member delegation (39 actual delegates plus five alternates) to the Democratic National Convention have been assigned seats to the extreme house right of the main stage, behind Utah and next to South Dakota, according to this online chart:

(click to enlarge)

Update: The state Democratic Party has posted a delegation roster.
Update II: So has the convention.

Election 2008 Shorts

• Gov. Joe Manchin tells The Associated Press that his Virginia counterpart, Gov. Tim Kaine, believes he's on Barack Obama's short list for running mate. Kaine had gotten no such word directly from the presumptive Democratic presidential nominee, however, Manchin said;

• After a failed -- and badly timed -- bid to enlist Secretary of State Betty Ireland to take his place on the ballot, Charles Minimah says he's staying in the race for that office as the Republican nominee, AP reports. MetroNews also has a story;
  

• The GOP's candidate for governor, Russ Weeks, is planning a Sept. 16 fundraiser in his native Raleigh County, The Register-Herald of Beckley reports. The article also touts Weeks' new Web site attacking his Democratic opponent, Manchin.

• (Update) Republican Jay Wolfe brought his campaign against Sen. Jay Rockefeller, D-W.Va., to the Eastern Panhandle, The Journal of Martinsburg reports.
  

Health Care in West Virginia

The health of Mountain State residents came into focus several different ways this week:

• West Virginia ranked 2nd in the nation for obesity (and 1st for diabetes) in the latest report from Trust for America's Health. The Associated Press has a story;

• The state is also bracing for another knock on its Medicaid redesign, AP reports. The Charleston Gazette also details the latest criticisms, this time from Families USA. The "liberal-leaning American non-profit consumer health-care advocacy organization" is calling the state's changes "inherently flawed," The Gazette reports;

• Clinics that provide free medicines to un- and underinsured West Virginians tell AP health care writer Tom Breen that they object to proposed rules that target their pharmacies;

• The Gazette and MetroNews are among those covering the fallout (or lack thereof) to a backlash by bars and clubs against Kanawha County's indoor smoking ban. MetroNews also reports that Harrison County is the latest to adopt such a measure, to take effect Jan. 1.
  

Manchin Predicts Obama Will Pick Va. Gov. for VP

Gov. Joe Manchin told WSAZ-TV that he believes Gov. Tim Kaine of neighboring Virginia will be the running mate of Democratic presidential candidate Barack Obama.

Manchin, who had spoken to Kaine earlier Wednesday, "indicated that Kaine said he did not know what was going to happen over the next few days," the item said, adding that "Kaine has been mentioned in the media as one of three potential finalists, along with Senators Joe Biden and Evan Bayh."

"Manchin believes Kaine could help Obama win West Virginia, because of the geographic proximity and other similarities between Kaine's state of Virginia and West Virginia," the report said.

The station also has raw video from the interview.

The McCain Family's West Virginia Connection

A recent National Public Radio piece on the "hidden" half-sister of Cindy McCain yielded this tidbit about their father, James Hensley:

Documents show Kathleen Anne Hensley was born to Jim and Mary Jeanne Hensley on Feb. 23, 1943. They had been married for six years when Kathleen was born.

Jim Hensley was a bombardier on a B-17, flying over Europe during World War II.

He was injured and sent to a facility in West Virginia to recuperate. During that time, while still married to Mary Jeanne, Hensley met another woman — Marguerite Smith. Jim divorced Mary Jeanne and married Marguerite in 1945.

Cindy Lou Hensley was born nine years later, in 1954.

Note: the Wikipedia article identifies Cindy McCain's mother as "Marguerite "Smitty" Hensley (née Johnson)."

As for a guess about the Mountain State facility, Wikipedia also says that The Greenbrier resort served as an Army hospital during World War II.

Election 2008 Shorts

• The Republican candidate for the sole seat held by that party on West Virginia's Board of Public Works "wants to withdraw from the race in the hopes that the incumbent will take his place," The Associated Press reports. But Secretary of State Betty Ireland has declined Monday's offer by Charles Minimah, who missed last week's deadline to take his name off the ballot. MetroNews has a report as well.

• The Charleston Daily Mail follows up on last week's review by AP of electoral map projections to ponder whether "victory for Democrat challenger Anne Barth over 2nd District Rep. Shelley Moore Capito could be even tougher to pull off."

Manchin Gets Primetime Slot at Dem Convention (Updated)

Gov. Joe Manchin will address a primetime audience at the upcoming Democratic National Convention, speaking "right before Senator Hillary Clinton and former Virginia Governor Mark Warner," MetroNews reports.

"West Virginia was recently criticized in the national media as being 'an uneducated state,'" the report said. "Manchin says he plans to clear that notion up very quickly during his time in the national political spotlight."

MetroNews also has audio from Manchin's announcement.

U.S. Sen. Jay Rockefeller, D-W.Va. is also slated to speak at the convention.

Update: The Register-Herald of Beckley reports both on West Virginia's delegation to the convention and Rockefeller's speaking slot.

Update II: The Times-West Virginian of Fairmont reports that Manchin is among at least 10 governors on Tuesday's convention schedule. WSAZ-TV reports that Rockefeller is on tap for Wednesday, along with fellow Sens. Joe Biden of Delaware, Evan Bayh of Indiana and John Kerry of Massachusetts.

Capito Delivers Weekly GOP Address

Republicans turned the mike of their weekly radio address over to Rep. Shelley Moore Capito, R-2nd, who said the "Democrats who control Congress are not facing up to the challenge of developing a comprehensive energy policy," The Associated Press reports.

"Republicans have refused to leave the Capitol this month and demanded a session on the energy crisis, although the House chamber microphones are off, lights are dimmed and the TV cameras are off," the article said. "Democrats, who contend Republicans have blocked numerous bills aimed at dealing with market speculators and forcing oil companies to drill in areas they have already leased, have said the GOP protest is a political stunt."

The Democrats are also expected to hit the energy topic in their weekly address, to be delivered by House Speaker Nancy Pelosi, D-Calif. When he was asked to issue a party broadcast in June, Rep. Nick Rahall, D-3rd, had also targeted energy.

Glenn Thomas "Tom" Searls, 1954-2008

The Charleston Gazette has news of the death of Tom Searls, a veteran, award-winning reporter and one of its Capitol correspondents.

Searls, 54, had also covered the Tennessee statehouse. A Marshall University graduate, he had been student body president there.

"He loved politics and the factional conniving that occur behind the scenes," Gazette Editor Jim Haught said. "He was cynical but eminently likeable."

Update: The Gazette has an obituary.

Governor Speaks Out on DuPont Case (Updated)

Gov. Joe Manchin has issued a statement and appeared on MetroNews Talkline to respond to scrutiny of his decision to file a brief in the pending appeal of a nearly $400 million judgment against DuPont.

"What we did is file a brief based on the due process the court should allow. That's all," the governor told MetroNews, which also offers audio.

Reaction to Manchin's presence in the pending case has been mixed. The Charleston Daily Mail, for instance, opines in an editorial today that the governor was correct when he "asked the court to clarify what rights companies have in West Virginia. That is an important policy issue."

But with Manchin up for re-election this year, the Republican nominee for governor has weighed in against the Democratic incumbent.

"If he wants to try to influence the courts to do something, he should not do it through the venue of the case that's before them," Russ Weeks told MetroNews."He should do it before or after."

WSAZ-TV also has an item on the governor's response. Public Broadcasting has a report, with audio.

Update: A lawyer and ethicist at a Beltway firm that consults and trains on the subject tells The Associated Press that Manchin "compromised the public's trust and created the appearance of impropriety, regardless of whether he did anything underhanded."

"You don't really have to get to the question of motives and what was really going on behind the scenes," said Jack Marshall, president of ProEthics Ltd. and editor of ethicsscoreboard.com. "The plaintiffs look at this and say, 'It's not fair.' The public looks at it and says, 'Hmm.' This undermines the public trust.''

Those who think otherwise include Steve Roberts, president of the West Virginia Chamber of Commerce.

"We don't think it's inappropriate or wrong,'' Roberts told AP. "He appropriately gets high marks for hearing people out.''

Libertarians Sue for W.Va. Ballot Access

The Libertarian Party has filed a federal lawsuit after falling short of the 15,118 signatures needed to get on West Virginia's presidential ballot, The Associated Press reports.

The party alleges the state's Aug. 1 deadline for submitting petitions is arbitrary and unfair.

"The Libertarians gathered 13,171 signatures by the deadline, according to the suit, and they anticipate getting the required 15,118 by Aug. 18," AP reports. "West Virginia University law professor Bob Bastress Jr. filed the suit on behalf of former Georgia congressman Bob Barr, along with the Libertarians' candidate for vice president, Wayne Root, and two West Virginia residents."

Measuring West Virginia (Updated)

The Mountain State received an array of scores relating to education and health care this week:

• "West Virginia’s average ACT college-entrance exam score rose slightly from 2007 to 2008 but remains below the national average, according to a report released Wednesday," The Associated Press reports. MetroNews and The Charleston Gazette also have items;

• Nearly a quarter of the state's infants and toddlers who get some of their food from a federal welfare program "lived in homes where parents or caregivers smoked last year," The Gazette reports. "The national average for WIC (Women, Infants and Children) children - ages 4 and under - was 10.6 percent."

• Forbes cites Kaiser Family Foundation data and a national-level prescription and patient tracking service to find that "West Virginians use the most retail prescription drugs per capita," making it the most medicated state in the nation, The Gazette reports. AP had noted the ranking earlier.

• (Update) The Charleston Daily Mail reports that West Virginians filed about a fourth of the black lung claims lodged last year, according to federal figures. "About 13 percent of West Virginia coal miners who have had chest X-ray screenings are found to have black lung, as compared to a national average of 9 percent," the article said.

Manchin Scrutinized for DuPont Brief (Updated)

The New York Times cites e-mails and other records to question Gov. Joe Manchin's decision to weigh in on the pending appeal of a nearly $400 million judgment against DuPont.

The Associated Press first reported last month that Manchin had filed a "friend of the court" brief urging West Virginia's Supreme Court to accept the chemical giant's petition.

Manchin's brief did not ask the justices to rule one way or the other, but rather urged them to ensure that such a case involving punitive damages received a full review.

"Documents from the governor’s office, however, show that Mr. Manchin had consulted with the company before filing the brief, and DuPont officials say the governor even asked them to provide him with a draft brief," The New York Times reports.

The article also quotes Professor Stephen Gillers, who teaches legal ethics at New York University School of Law. He said "it was unusual and inappropriate for the governor, instead of the attorney general, to get involved in such a case, and that after searching state court records, he could find no example of a similar intervention by a governor."

Update: AP also reports on Manchin's contacts with DuPont. Among other information, AP's Vicki Smith relays that "nine of the 24 legal citations in the state's brief are also in DuPont's. Both briefs address the question of whether punitive damage awards should be automatically appealed."

Smith covered the 2007 trial, and recently reported that plaintiffs in the case were stung that Manchin as well as the West Virginia State Medical Association had each filed briefs in the case.

The later group, a leading advocate of lawsuit and jury award limits, objected to the inclusion of CT scans in the medical monitoring aspect of the case but did not suggest an alternative.

Update II: The Charleston Gazette follows up with word that lawyers for the plaintiffs have asked the Supreme Court to reject Manchin's brief.

Reporting that Manchin's brief "did include nearly identical arguments" to ones in a draft brief provided his office by DuPont, this article also notes that DuPont had suggested in a separate draft brief that the governor stress that the company has sought to be a good corporate citizen.

But Carte Goodwin, the governor's counsel, "declined to include those arguments, or any discussion of the merits of the case, in Manchin's friend-of-the-court brief," The Gazette reported. "Also, Goodwin declined DuPont's suggestion that he defend the state Department of Environmental Protection, which during trial was accused of helping DuPont avoid a more thorough cleanup of the Spelter site."

Following The Energy Money

Environmental groups have launched searchable online databases of the campaign contributions that both the coal industry and oil & gas industry have given to members of Congress.

Searches on each site also generate interactive relationship maps to illustrate the results. While the underlying data comes from the Federal Election Commission and has been processed by the nonpartisan (and highly helpful) Center for Responsive Politics, the groups offering the sites have definite points of view about these energy sources.



Here are the search results for West Virginia's delegation, from each site:

(Click image to enlarge)

Though the member with the least seniority in the group, U.S. Rep. Shelley Moore Capito, R-2nd, appears to be the top beneficiary of each industry.

Thomas B. Miller, 1929-2008

Retired state Supreme Court Justice Thomas B. Miller has died at age 79, The Associated Press reports, citing a Wheeling funeral home.

"Miller served on the court from 1977 to 1994, retiring with six years remaining on his second 12-year term," AP reported. "He continued to serve temporary stints, standing in while the late Justice William T. Brotherton Jr. recovered from heart surgery and when Justice Richard Neely retired."

MetroNews also has an item, along with audio of former Supreme Court Clerk Ancil Ramey.

Update: The Intelligencer of Wheeling has a lengthy obituary.

Election 2008: President

The Associated Press reviews several national political prognosticators to find they "appear uniformly certain that presumptive Republican presidential candidate John McCain can count on West Virginia's five electoral votes."

Those who paint the Mountain State as "solid red" on their Electoral College maps include:

• The Cook Political Report;
• The Rothenberg Political Report;
• Larry Sabato's Crystal Ball;
• Congressional Quarterly;
• Pollster.com

The various analysts appear to differ as to the national outcome, however. Pollster.com, for instance, averages state-by-state polling to put Barack Obama above the needed majority of 270 electoral votes; even with all the toss-up states, the site's approach gives McCain just 254 votes.

Quote of the Day

"(I have been) the best Republican friend the incumbent governor's family ever had in West Virginia."

-- Disgraced former Gov. Arch Moore, to a GOP crowd in Logan County last month, as reported by The Lincoln Journal (and pointed out by The Charleston Gazette).

Barth Picks Up Support of EMILY's List

Anne Barth has gained a fundraising ally in her challenge of 2nd District Republican Rep. Shelley Moore Capito.

The Hill reports that Barth is among six Democratic women that EMILY's List is adding to their roster of congressional candidate worthy of support this year.

EMILY's List describes itself as "dedicated to building a progressive America by electing pro-choice Democratic women to office."

Capito has long received the support from the group's Republican counterpart. The WISH List -- which calls itself "America's largest fundraising network for pro-choice Republican women candidates" -- has been among the largest single sources of campaign funds for Capito during past elections.

Ex-Gov. Wise on Lou Dobbs

Lou Dobbs Tonight on CNN on Thursday featured former West Virginia congressman and Gov. Bob Wise, who talked about the nation's schools as president of the Alliance for Excellent Education.

CNN has video here, and the show has also posted a transcript (the segment is in the bottom fifth). Wise also won praise from co-host Kitty Pilgrim for his new book, Raising the Grade. "It's excellent," she said.

McCain in West Virginia

John McCain's latest West Virginia appearance, his third this year, was both like the previous visit (brief) and the first (closed to the public and with limited media access).

The presumptive Republican presidential nominee spent about 23 minutes at the practice field for Marshall University's football program. He watched the drills, and chatted with coaches and the occasional player out of earshot from the press entourage. He also gave the entire team a seven-minute pep talk that drew both from his ordeal as a POW in Vietnam and Marshall's devastating 1970 plane crash.

The Associated Press has coverage, as does the Herald-Dispatch of Huntington, MetroNews (with audio and sidebars featuring players and Obama supporters), WSAZ-TV (with video) and WCHS-TV. Several of these also offer photos from the visit.

McCain Coming to West Virginia

It will be another brief, limited-access appearance by the presumptive GOP presidential nominee and Arizona senator.

John McCain is slated to meet with Marshall University's football team during its Wednesday morning practice before he departs for Ohio via bus.

The Associated Press reports that "the stop will be closed to the public, and there will be only limited media coverage."

Others with the announcement include the Herald-Dispatch of Huntington, The Charleston Gazette, the Charleston Daily Mail and MetroNews.

State Democrats were quick with a smack in advance of the visit. “Why is Senator McCain in West Virginia talking football behind closed doors when he should be here talking about gas prices,” Party Chairman Nick Casey said in a release. “With some of the longest commuting times in the nation, West Virginian’s are hurting more from the high cost of fuel than residents of almost any other state.”

Politico Details Rahall-Bush Meeting

When U.S. Rep. Nick Rahall, D-3rd, traveled with President Bush to West Virginia last week, he was carrying out the House Democrats' strategy in the ongoing energy debate, Politico reports.

Their goal is to hold off on a comprehensive energy bill until 2009, under a new president and possibly with an increased majority in both chambers of Congress, the article said.

As for Rahall's role:

Rahall spent more than an hour last week talking to the president about energy. Bush spent the entire flight aboard Air Force One, and much of a subsequent limousine ride, grilling the West Virginia Democrat about legislative solutions to the high price of gasoline, Rahall said last week.

Rahall told Politico that the president does not expect Congress to act on the issue this year. “He’s realistic about it,” Rahall is quoted as saying.

As part of this game plan, Politico reports, House Speaker Nancy Pelosi, D-Calif., "always intended to take heat on gas prices while tacitly encouraging more vulnerable Democrats to publicly disagree with her and show their independence."

Justice Albright Hospitalized

State Supreme Court Justice Joe Albright remains in a Pittsburgh hospital following surgery on his esophagus, The Associated Press reports.

MetroNews broke the news earlier in the day.

Capito Partakes in House GOP Floor Protest

The Hill newspaper included U.S. Rep. Shelley Moore Capito, R-2nd, among the 20 or so GOP members who after the House recessed on Friday "stayed behind to continue to speak about energy issues."

The protesters "gave speeches on the empty floor to protest that Congress went into recess and to raise awareness of what they say is an unwillingness by Democrats to take up legislation to deal with the nation’s energy crisis," the newspaper said. "Nadeam Elshami, a spokesman for Speaker Nancy Pelosi (D-Calif.), chalked the display up to politics."

Capito also appears to be the only member of the House energy "working group" who joined Friday's demonstration, according The Hill's roster of its participants and partial listings of the working group's membership in that paper and Roll Call.

The bipartisan group had sought to work quietly on energy legislation, and to avoid what its co-founder called "a rhetorical death spiral" surrounding the issue. It proposed a "National Conservation, Environment and Energy Independence Act" last week.

ABA, Other Groups Weigh in on Caperton's U.S. Supreme Court Appeal

A bid to get the U.S. Supreme Court to review a West Virginia ruling wiping out a $76.3 million judgment has attracted the attention of the American Bar Association and other groups.

As The Associated Press reports, the leading U.S. lawyers' association and at least four other organizations filed "friend of the court briefs" in the appeal by Harman Mining Co. and its president of the state Supreme Court's April decision in favor of Massey Energy Co.

"The groups fault Justice Brent Benjamin for remaining on the case after Don Blankenship, Massey's president, chairman and chief executive officer, spent more than $3 million to help him win his seat," the AP article said.

Other filing briefs include the Brennan Center for Justice, part of New York University's College of Law. The Center has devoted a page on its Web site to the case, and offers links to the appeal and to each of the briefs filed Monday.

The site also notes that Harman and Hugh Caperton, its president, have enlisted former Bush administration U.S. Solicitor General Ted Olson in its appeal.

"The improper appearance created by money in judicial elections is one of the most important issues facing our judicial system today," Olson is quoted as saying on the Brennan site. "A line needs to be drawn somewhere to prevent a judge from hearing cases involving a person who has made massive campaign contributions to benefit the judge. We certainly believe that, in this case, acting Chief Justice Benjamin crossed that line."

Benjamin recently addressed calls for his recusal, in a 57-page concurring opinion issued nearly four months after the state court's 3-2 reversal of the Harman verdict.

From the AP story:

"It has long been recognized that there is 'a presumption of honesty and integrity in those serving as adjudicators,'" Benjamin wrote, quoting from past court decisions. "Due process therefore requires recusal only in those rare cases wherein a judge or justice has a 'direct, personal, substantial (or) pecuniary interest' in the outcome of the case."

The Charleston Gazette also has a story, while The Chicago Tribune and the National Law Journal each invoke the West Virginia situation in articles exploring judicial recusals.

Manchin Sticking with TrAIL Tax Proposal

Following up on the Public Service Commission's approval of the project, Gov. Joe Manchin has proposed legislation to tax the $1.3 billion multistate power line plotted to cross north central West Virginia.

The Associated Press has details, as does MetroNews, The Charleston Gazette, The Journal of Martinsburg and The Herald-Mail of Hagerstown (Md.). The latter has video as well.

WSJ Profiles W.Va. Teacher Pension Switch

West Virginia's reversal of a national trend, by allowing public educators to migrate from a 401(k)-style retirement plan to one offering a defined benefit, has caught the attention of The Wall Street Journal.

Chronicling what led to legislators allowing the pension switch, the newspaper reports that "what happened in West Virginia is a window into exactly how things can fall apart for workers, and it serves as a wake-up call for figuring out how to avoid having plans go as badly off track as this one did."

"Many workers with retirement accounts have built nest eggs far bigger than they ever imagined possible," the article continues. "But unknowledgeable ones often are far short of comfortable retirements -- and they don't have the option the West Virginia teachers did of appealing to state legislators to get them out of their investing mistakes."

The Associated Press earlier scrutinized the investment habits and choices that preceded the mass exodus, which has prompted a lawsuit on behalf of disgruntled enrollees.

TrAIL Project Clears PSC Hurdle

The Public Service Commission has approved Allegheny Energy's plan to build a $1.3 billion, high voltage power line across north central West Virginia.

The Associated Press and MetroNews among those with coverage of the PSC decision. The Charleston Gazette reports that "the state Sierra Club vowed to appeal the PSC decision to the state Supreme Court."

Update: Public Broadcasting also reports on the threatened lawsuit. With audio.

W.Va. Candidates Mostly Dodge Project Vote Smart

The Associated Press reports on the less-than-impressive response rate by West Virginia candidates to the "Political Courage Test" regularly offered by the non-partisan Project Vote Smart.

The survey asks presidential, congressional and state-level (gubernatorial and legislative) hopefuls to state their positions on a wide array of relevant issues.

The group also offers a free "Voter's Self Defense Manual" with this year's edition "loaded with samples of elected officials' voting records, campaign finance information, interest group ratings and contact information."

CQ Upgrades W.Va.-2nd

Congressional Quarterly believes West Virginia's 2nd House District "Leans Republican" in the race between GOP Rep. Shelley Moore Capito and Democratic challenger Anne Barth, a more competitive rating than the previously bestowed "Republican Favored."

CQ explains its rationale here (update: and here), while also noting that the Mountain State is "probably headed to John McCain this time."

The rating change follows that of the Cook Political Report last month.

Mine Safety in West Virginia

West Virginia mine safety officials vented their displeasure Thursday with a federal proposal regarding emergency shelters in underground mines, The Associated Press reports.

Critics at a Charleston hearing said the U.S. Mine Safety and Health Administration's proposal "would require chambers that are too large, too close together and stocked with too many supplies."

"I believe MSHA has missed the point," Jim Dean, former interim director of the state Office of Miners' Health, Safety and Training, is quoted as saying. "MSHA seems to be more interested in protecting the shelter than protecting the miner."

The Charleston Gazette reports that the Manchin administration may end up suing the federal government over the proposal.

Ronald Wooten, Dean's successor, "said state officials are concerned that federal regulators may outlaw dozens of the rescue chambers approved under separate state rules," that article said.

W.Va. Moves to Increase Ranks of Insured Children

More than 700 uninsured West Virginia children could gain health coverage over the next four years under a bid to raise the income threshold for a state-federal program, The Associated Press reports.

The Children's Health Insurance Program has agreed to extend enrollment to families earning up to 250 percent of the federal poverty level, or roughly $53,000 for a family of four, the AP article said.

The Charleston Gazette also reports on the move to expand CHIP, which now covers nearly 25,000 children. So does MetroNews, which like the others notes that the Centers of Medicaid and Medicare Services must approve the change.

Bush in West Virginia

The Associated Press covered President Bush's speech to the West Virginia Coal Association, as did The Charleston Gazette.

"There is no more reliable source of electricity than coal," the latter quotes Bush as saying.

MetroNews has a report and audio from The Greenbrier appearance. MetroNews also posted a response to Thursday's speech from U.S. Sen. Robert C. Byrd, D-W.Va.

"If President Bush had pursued the right energy policies and made the investments in clean coal technology that he promised eight years ago, he might not be talking in West Virginia about high gasoline prices today," Byrd said.

Bonus Quote of the Day

"In West Virginia, that's the beauty of community because we all tend to know each other, including the bankers, realtors and brokers. And if we don't know you, we know someone who does."

-- U.S. Rep. Shelley Moore Capito, R-2nd, during a congressional field hearing in Martinsburg addressing affordable housing and the ongoing mortgage mess, as reported by The Journal.

Publisher Picks MU Professor for Bush Bio

Random House has asked Jean Edward Smith, a Marshall University political science professor, to write what the publishing giant expects will "undoubtedly be the definitive biography of George W. Bush."

Smith, the author of 12 books, has previously focused on U.S. presidents. "Earlier this year the Society of American Historians awarded Smith the Francis Parkman Prize for historical literature for "FDR," a biography of President Franklin D. Roosevelt," The Associated Press reports. "His 2001 book on Ulysses S. Grant was nominated for a 2002 Pulitzer Prize in biography."

Smith has been working on a biography of President Dwight Eisenhower. Others reporting Random House's announcement include The Charleston Gazette and the Charleston Daily Mail.

Update: Smith spoke to MetroNews' Talkline about the upcoming project. He's also previously written a book involving the president's father: George Bush's War.

Kirkus Reviews said that "in this volatile study, America's adventure in the Persian Gulf War was not a crusade for freedom but a checkpoint on the personal agenda of George Bush, who disregarded constitutional restrictions on presidential power and cynically manipulated the public, the press, Congress, and even the military."

Teacher Pension Fix Prompting Some Retirements

West Virginia has allowed thousands of teachers and school staffers to switch to a traditional pension program this year, after they voted to abandon 401(k)-style accounts amid complaints of inadequate returns and poor oversight.

A number of these transferring educators had said that insufficient earnings from their individual investment accounts had forced them to postpone planned retirements. But the executive director of the Consolidated Public Retirement Board reports no mass retirements in the wake of the pension switch.

Anne Lambright told MetroNews that "those who are planning to retire on September first, October first or November first had to notify their county leaders of those intentions by July first," but "at this point, those numbers are in the dozens. It's fewer, she says, than she anticipated."

The MetroNews item said that "Lambright estimates 1,500 additional teachers and school service workers are eligible, based on years of service and age, to retire."

They Voted For You: Tobacco

U.S. Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, all helped the House pass the "Family Smoking Prevention and Tobacco Control Act."

The 326-102 vote advances legislation "that for the first time would subject the tobacco industry to regulation by federal health authorities charged with promoting public well-being," The Associated Press reports.

"The bill would further tighten restrictions on tobacco advertising and impose new federal penalties for selling to minors," the article said. "But its most far-reaching provisions would give the Food and Drug Administration the power to regulate tobacco, from cigarettes to new kinds of smokeless products."

AP also reports that "while the bill appears to have enough support to pass this year, it's unclear whether the Senate will have time to act, and the Bush administration issued a veto threat Wednesday."

Quote of the Day

"Hey, Ted... say it ain't so."

-- U.S. Sen. Robert C. Byrd, D-W.Va., to the recently indicted Sen. Ted Stevens, R-Alaska, according to The Associated Press.

Legal Challenge Targets Amended Election Ad Rules

The Center for Individual Freedom has made good on its vow to challenge the special session legislation that attempted to fix the state electioneering communications law targeted by the Alexandria, Va., group in a federal lawsuit.

The center has supplemented its U.S. District Court filings to object to the statutes as amended, arguing they are also constitutionally infirm, The Associated Press reports.

The development follows word that Secretary of State Betty Ireland, as the chief elections officer, plans to enforce the legislation after deeming it outside the scope of the partial preliminary injunction won earlier by the center.

Health Care a Hot Topic at Legislative Interims

Lawmakers have tackled health care issues at several different angles during this month's three-day series of interim meetings, which end Wednesday:

• The Associated Press writes that legislators expect to revisit the debate over continuing the state's "Certificate of Need" system for regulating health care services. A state agency "issues more than two dozen of those certificates for everything from expanding heart surgery procedures to opening methadone clinics," AP health care writer Tom Breen reports. (Update: Breen has the blow-by-blow from the hearing.)
  

• AP delved earlier into the interim study of data-mining, in which mountains of information reflecting such doctor-patient interactions as drugs prescribed are sold to the pharmacuetical industry and other interests for marketing purposes. The Charleston Gazette covered that hearing as well.

• The Gazette and AP also report on the latest update provided to lawmakers on the overcrowding crisis afflicting West Virginia's state-run mental hospitals. The Charleston newspaper has a separate overview of the crowding problem as well.
  

Governor's Nephew Testifies at Prostitution Trial

A nephew of Gov. Joe Manchin is among several former customers of a Morgantown escort service who has testified in the federal trial of its owner, charged with prostitution-related offenses.

The Charleston Gazette reports that 33-year-old John Manchin III told the U.S. District Court jury in Clarksburg that he hired two women from Donna D. Duelley's Fascinations Escort and Entertainment Service .

"I remember one lady dancing, and another lady lap dancing, and I believe that's when the oral sex took place," he is quoted as testifying.

MetroNews also has coverage of the trial, with an audio report.

Election 2008 Roundup

• As they raise money for their re-election campaigns, West Virginia's congressional delegation has passed along some of those funds by contributing more than $1.5 million to other candidates, their parties and various causes, The Associated Press reports.

• U.S. Rep. Shelley Moore Capito, R-2nd, and Democratic challenger Anne Barth were both stumping in the Eastern Panhandle on Monday, the Herald-Mail of Hagerstown (Md.) reports.
  

Finding Revenue in West Virginia

With the Legislature in Charleston for its monthly interim meetings, talk is expected to turn to a final tally of "surplus" revenue from the budget year that ended June 30.

"High demand for coal and natural gas has helped the state stay in the black while others around the country are facing budget cuts and red ink," The Associated Press reports. "Fiscal conservatives in the Legislature want to use the surplus to pay down some of the state's debts."

Senate Finance Chairman Walt Helmick, D-Pocahontas, spoke to MetroNews on the topic. "He says the Legislature would be foolish to create any new state programs," it reported. Audio here.

Lawmakers are also expected to discuss funding for the state's many volunteer fire departments. The Register-Herald of Beckley reports on one emerging suggestion on the topic: legalizing fireworks.

AP also has coverage of another proposed revenue raising measure for the state: charging up to $400 for the placement of roadside memorials, to cover the cost of the Division of Highways maintaining them.

Clocking the Legislature

The Associated Press applied a stopwatch to the daily House and Senate floor meetings during this year's 60-day regular session, to test the notion that lawmakers fritter away most of that time on ceremony and pomp.

The results: "legislators spent two-thirds of their time on the key task assigned them by voters: to craft, advance and vote on bills."