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."

Bush Coming to West Virginia

President Bush is expected to address the West Virginia Coal Association during its annual meeting next month at The Greenbrier.

Both The Associated Press, MetroNews and the Charleston Daily Mail have items on the slated appearance.

West Virginia to Host Southern Governors

August will bring the Southern Governors' Association to West Virginia for its annual meeting, and Gov. Joe Manchin expects at least nine of his counterparts to attend, the Charleston Daily Mail reports.

Manchin is the outgoing chairman of the group, which plans to hold its 74th annual gathering at The Greenbrier.

Election 2008: Daily Shorts

• Public Broadcasting chronicles the efforts of alternative parties to get their candidates on West Virginia's general election ballot. With audio.

• The McCain campaign has enlisted several West Virginia military veterans to aid its in-state efforts, the Charleston Daily Mail reports.

• The Associated Press reports that contributors to the kaput congressional campaign of state Sen. John Unger, D-Berkeley, are still waiting for refunds six months after he quit the race.
  

Mental Health Care in W.Va.

One of West Virginia's two state-run hospitals for people with mental illness has eased its immediate overcrowding problem, but as The Associated Press' Tom Breen reports, "a long-term solution remains elusive."

"The state Bureau for Behavioral Health and Health Facilities said it had made efforts to find places in private hospitals for patients at Mitchell-Bateman, a process known as diversion which the bureau expects will cost about $8 million this year," the article said. "Overcrowding at Mitchell-Bateman and William R. Sharpe Hospital in Weston, which has 150 beds, has been a problem for years."

An ombudsman's report helped highlight the crisis, but Breen reports that a lack of consensus is hampering any step toward a lasting solution.

"Last week, members of the union representing employees at Mitchell-Bateman rallied in front of the hospital to demand higher pay and an end to scheduling practices that occasionally have them working 16-hour shifts," the article said. "West Virginia Advocates, which works on behalf of West Virginians with disabilities, argues that overcrowding comes from a lack of community-based mental health services."

Update: MetroNews and Public Broadcasting also have items.

Graham Sues Feds Over Wyoming Aging Prosecution

Former Wyoming County senior agency chief Bob Graham is suing the federal government in the wake of an appeals court ruling vacating his criminal fraud conviction , The Register-Herald of Beckley reports.

"Under law, the maximum damages he can claim is $50,000 in the federal lawsuit in the U.S. Court of Claims," the article said. "In another legal issue, Graham is still battling to get his Individual Retirement Account fund, worth about $250,000, in a struggle with the state of West Virginia."

They Voted For You: Mortgage Crisis

U.S. Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, all helped the House pass the "Foreclosure Prevention Act of 2008."

Capito was among just 45 Republicans to support the bill in the 272-152 vote, which The Associated Press reports came just hours after President Bush dropped his opposition to the measure. It is expected to pass the Senate.

"The White House swallowed its distaste for $3.9 billion in grants for devastated neighborhoods," the article said. "In return, the administration got both the power to throw Fannie Mae and Freddie Mac a lifeline and the legislation Republicans long have advocated to rein in the government-sponsored mortgage companies."

A separate AP story reports that "Cash-strapped homebuyers and borrowers facing foreclosure will get some relief" from Wednesday's bill, but that it "won't solve the deep-rooted ills of the U.S. housing market. The bill was widely praised by real estate industry groups but doubts remain about how much real-world impact it will have for consumers."

Election 2008: More Shorts

• Democrat Barack Obama continues to outraise John McCain among West Virginians, The Associated Press reports, but the presumptive GOP nominee remains favored to win the Mountain State's five electoral votes in November.

• U.S. Sen. Jay Rockefeller, D-W.Va., had $3.3 million on hand by the end of last month for his re-election effort. His Republican opponent, Jay Wolfe, is $13 in the red, The Charleston Gazette reports.
  

Massey Sues W.Va. Supreme Court (Again)

Massey Energy Co. has sued to obtain e-mails from Justice Larry Starcher and others at the state Supreme Court that refer to the company or its CEO, Don Blankenship, The Charleston Gazette reports.

The Kanawha Circuit Court lawsuit alleges that the court's administration erred by turning down the company's Freedom of Information Act requests.

A lawyer for Massey told The Gazette that "Starcher's e-mails might be relevant to Massey's appeal of the ($240m) Wheeling-Pitt decision to the U.S. Supreme Court."

Still pending is Massey's federal lawsuit targeting the state Supreme Court over its recusal procedure. Though it does not name him as an individual defendant, that case focuses on refusals to disqualify himself from Massey-related cases by Starcher, a frequent and vocal critic of the company and Blankenship.

Also pending is The Associated Press' lawsuit appealing the Supreme Court's denial of its FOIA requests. Those sought e-mails and other records of contacts between Blankenship and Chief Justice Elliott "Spike" Maynard.

Update: Both AP and The Gazette report that Starcher has come out in favor of releasing any relevant e-mails under certain conditions. The justice also said he knew nothing of Massey's FOIA request until he read news of its lawsuit in the newspaper.

Election 2008: Shorts

• The Associated Press delves into the latest campaign finance reports for U.S. Rep. Shelley Moore Capito, R-2nd, and Democratic challenger Anne Barth. Both have attracted leadership PAC funds from within their respective parties. Barth has zeroed in on the sizable roster of Capito donors from the crisis-embroiled banking & finance sector, while Capito cites the hefty contributions to Barth from Rep. Charles Rangel, D-N.Y.

• After hinting that he might quit dabbling in West Virginia politics altogether, Massey Energy CEO Don Blankenship has given $4,600 to Jim Gilmore, the former governor of Virginia and GOP candidate for U.S. Senate there, the Richmond Times-Dispatch reports.

• The Charleston Gazette reports that the November ballot could list as many as six presidential candidates "the most state officials can recall." Besides Republican John McCain and Democrat Barack Obama, "state Mountain Party has become a branch of the national Green Party, which chose former Georgia Congresswoman Cynthia McKinney as its presidential nominee earlier this month," the article said. Meanwhile, "independent candidate Ralph Nader, Constitution Party nominee Chuck Baldwin and Libertarian Party candidate Bob Barr all are making moves to get on the state's ballot."

Quote of the Day

"I believe that issue is going to have an impact on voters, but I'm not sure to what degree."

GOP candidate for governor Russ Weeks, to the (Hagerstown, Md.) Herald-Mail, after telling the newspaper that "nearly everyone he meets wants to talk about the controversy surrounding Gov. Joe Manchin's daughter and the master's degree from West Virginia University that she supposedly didn't earn."

Expanding Cardiac Care in West Virginia

Gov. Joe Manchin got a lot of press over the weekend for his much-anticipated ruling on state heart care regulations.

As The Associated Press explains, the governor concluded that "medium-sized West Virginia hospitals may perform emergency procedures to clear clogged heart arteries without onsite surgical backup. But he also rejected as ambiguous a proposed rule that "says hospitals could not do elective angioplasty if they are 'within one-hour medical transport drive time' from another facility that has a heart surgery unit.

Both the Weirton Daily Times and The Intelligencer of Wheeling localized the AP story to include the decision's impact on area hospitals.

Others applying the governor's statement to local health care options include The Parkersburg News, The Register-Herald of Beckley and The Times-West Virginian of Fairmont.

Those offering more general coverage include The Charleston Gazette, MetroNews, the Charleston Daily Mail, W.Va. Media and Public Broadcasting (with audio).

The Battle Over Cardiac Care in West Virginia

State health care regulations have left it to Gov. Joe Manchin to decide by Friday whether to allow West Virginia's smaller hospitals to offer more cardiac care, as WSAZ-TV and others explain.

"Currently, only hospitals with on-site cardiac surgery can perform an angioplasty, a procedure that clears blood flow to the heart. Smaller hospitals want the surgery option," WSAZ reports, adding that in advance of Friday's deadline, "both sides have launched emotional ads in newspapers throughout the state."

The Register-Herald of Beckley reports that "while the path is open for most other geographical areas in the state to be served by these suggested updates, there is a clear fear among many in this region’s medical and health services community that Southern West Virginia is being left behind."

The Intelligencer of Wheeling includes Weirton Medical Center among the hospitals seeking the change. "WMC has participated in a pilot program for five years, allowing it to perform angioplasties without being approved for full cardiac surgery," that paper reported. "Out of nearly 900 procedures performed during the past five years, just one ended up having to go to a full cardiac hospital."

Election 2008 Roundup

• The Associated Press offers the latest fundraising numbers from West Virginia's U.S. House candidates, focusing on the 2nd District matchup between incumbent Republican Rep. Shelley Moore Capito and Democratic challenger Anne Barth. The Charleston Gazette also reports on the Capito-Barth figures.

• MetroNews Talkline spoke to Dan Greear, the GOP nominee for state attorney general, about his five-point campaign platform. With audio.

• AP, The Gazette and MetroNews also have items on John McCain's West Virginia campaign opening its in-state HQ in Charleston today.
  

They Voted For You: Medicare Override

U.S. Reps. Alan Mollohan, D-1st; Shelley Moore Capito, R-2nd; and Nick Rahall, D-3rd, all helped the House override President Bush's veto of the "Medicare Improvements for Patients and Providers Act of 2008."

U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., later joined much of the Senate in following suit to the 383-41 House vote. Senators voted 70-26 to override.

The Associated Press reports on the overrides, which revive "legislation protecting doctors from a 10.6 percent cut in their reimbursement rates when treating Medicare patients."

"Lawmakers were under pressure from doctors and the elderly patients they serve to void the rate cut, which kicked in on July 1," the article said. "The president said he supported rescinding the pay cut, but he objected to the way lawmakers would finance the plan, largely by reducing spending on private health plans serving the elderly and disabled."

Nearly 368,900 West Virginians receive health care benefits through Medicare, about 20% of the population, according to the Kaiser Family Foundation. Nationally, 15% are on the program.

Manchin Signs Electioneering Bill

Gov. Joe Manchin has signed the hotly fought special session legislation that attempts to shore up West Virginia's reporting requirements for election-time political ads by most non-candidates, The Charleston Gazette reports.

"Supporters of the bill contend that it does not restrict various interest groups from conducting election advocacy campaigns, but merely requires that they disclose their funding sources," the article said. "Opponents argued it would have a chilling affect on the campaigns by organizations for or against particular candidates, saying the disclosure requirement will drive away many would-be contributors."

The legislation aims to respond to a federal judge's preliminary ruling in favor of the Center for Individual Freedom, which sued to challenge the state's law. The center has vowed to sue again over the special session action.

West Virginian Edged Out in Presidential Primary

This weekend's annual meeting and convention of the Green Party in Chicago featured Mountain State resident Jesse Johnson as a contender for that alternative group's presidential nod.

The nomination ended up going to former U.S. Rep. Cynthia McKinney of Georgia. The Atlanta Journal-Constitution has a story.

W.Va. Road Fund Woes

The Associated Press reports that West Virginia finds itself in the company of most other states as it struggles to provide sufficient funding for its road repair and building budget.

A key problem is that many states, and the federal government, levy a gasoline/diesel tax as a user fee to raise highway revenue. But the National Conference of State Legislatures finds that the motor fuel tax rates had failed to keep up with inflation even before rising prices at the pump made new increases all but impossible.

The high costs are projected to reduce consumption. As a result, West Virginia is expecting $25.8 million less from its motor fuels tax this year than it generated last year.

The other states are finding no clear answers. Neighboring Virginia, for instance, just ended a special session devoted to transportation issues in a stalemate. Proposals include more tolls, privatizing tolls, and taxing motorists for vehicle miles traveled.

The Register-Herald of Beckley also reports on the State Road Fund's performance in the just-completed budget year.

Update: Both the Beckley newspaper and The Charleston Gazette have items on attempts by U.S. Sen. Robert C. Byrd, D-W.Va., to secure federal highway dollars for the Mountain State this year.

They Voted For You: FISA

U.S. Sen. Jay Rockefeller, D-W.Va., helped the Senate send President Bush legislation to amend the Foreign Intelligence Surveillance Act of 1978.

U.S. Sen. Robert C. Byrd voted against the measure in the 69-28 roll call.

The Associated Press reports on the final Senate vote, and has a separate article on Bush signing the bill.

The legislation "overhauls rules about government eavesdropping and grants immunity to telecommunications companies that helped the U.S. spy on Americans in suspected terrorism cases," AP reports. "It was a battle that pitted privacy and civil liberties concerns against the desire to prevent terrorist attacks and Democrats' fears of being portrayed as weak when it comes to protecting the country."

They Voted For You: Petraeus

U.S. Sen. Jay Rockefeller, D-W.Va., and 94 of his Senate colleagues voted to confirm Gen. David Petraeus as chief of U.S. Central Command, which includes the Middle East in its oversight, The Associated Press reports.

But U.S. Sen. Robert C. Byrd, D-W.Va., joined Sen. Tom Harkin, D-Iowa, in opposing the choice of Petraeus in he 95-2 vote.

"Byrd, chairman of the Senate Appropriations Committee, said he opposed Petraeus in part because the general should see through operations in Iraq," AP reported, with Byrd quoted as saying that with security gains being described as fragile, "it does not seem prudent to remove the mastermind behind the fragile successes that have been thus far achieved."

Manchin Stumps For Obama on MSNBC

Gov. Joe Manchin appeared briefly on MSNBC Thursday afternoon to talk up the presidential campaign of fellow Democrat Barack Obama, and highlight the upcoming centennial meeting of the National Governors Association.

Manchin told Andrea Mitchell that while Obama was trailing Republican John McCain in West Virginia, it was only by "single digits." When she asked him about Obama's race being a factor in the Mountain State, the governor said "I don't think any more than any other place."

Manchin appeared to speak to Mitchell from a studio of WSAZ-TV, which promoted his appearance earlier.

Though Mitchell clearly identified Manchin as the governor of West Virginia, on-screen text described his location as "Charleston, S.C." Thanks, MSNBC.

McCain Coming To West Virginia (Briefly)

Sen. John McCain plans to fly into the Huntington area Wednesday afternoon before taking his Republican presidential campaign to a Town Hall meeting in nearby Ohio.

The Associated Press has an item, as does the Herald-Dispatch, The Charleston Gazette and MetroNews.

Update: Those with coverage of the brief visit include AP, the Huntington newspaper and The Gazette.

Quote of the Holiday Weekend

"You're a great baseball man."

-- U.S. Sen. Robert C. Byrd, D-W.Va. to Sen. Jim Bunning, R-Ky., during an argument on the Senate floor overheard by The Washington Post.

The Post reported that when Bunning retorted that he "he has the same rights on the floor as Byrd," history's longest-serving U.S. senator replied, "Yeah, man, you're a senator," and laughed hysterically.

The Politico also has the exchange, which made Quote of the Day on Taegan Goddard's Political Wire as well.

Wylie Stowers, 1928-2008

Southern West Virginia has lost another Democratic faction kingpin. Wylie Stowers was 79 when he died Wednesday at a Huntington hospital.

Those with coverage include The Lincoln Journal, The Charleston Gazette, Public Broadcasting (with audio) and MetroNews.

Manchin Weighs in on Supreme Court Appeal

Gov. Joe Manchin has asked West Virginia's Supreme Court to take in DuPont's appeal of a nearly $400 million judgment against it, to review its punitive damages portion if for no other reason.

The Associated Press has details. "Manchin urged the justices to clarify what sort of appellate review is to be afforded DuPont under its constitutional right to due process," the article said. "His lawyers cited a 2003 U.S. Supreme Court decision to argue that the 14th Amendment guarantees appeals of punitive damages."

DuPont tells AP it is pleased with the governor's intercession. The plaintiffs? Not so much.

"I've never seen anything like this," their lead lawyer, Michael Papantonio, told AP. "This just further delineates how badly the deck is stacked in West Virginia against people trying to recover when they're taking on DuPont. It's stacked against people who have been wronged by corporate America."

Cook Upgrades Capito-Barth Race in W.Va.'s 2nd (Updated)

The Cook Political Report now ranks the contest between U.S. Rep. Shelley Moore Capito, R-2nd, and Democrat Anne Barth as competitive.

The nonpartisan outfit has changed its ratings for the Capito-Barth matchup and nearly 30 other U.S. House races.

But Cook still gives Capito the edge as she seeks a fifth term.

Cooked upgraded the race from "likely Republican," defined as "not considered competitive at this point but have the potential to become engaged, to "lean Republican," which are "considered competitive races but one party has an advantage."

(Cook also ranks West Virginia as "solid Republican" in the McCain-Obama race, though it "currently sees the Presidential contest as a Toss Up" nationally.)

Update: The Capito-Barth race remains "Republican Favored" in the eyes of both The Rothenberg Political Report and CQ Politics.

Republicans to ROMP for Capito

U.S. Rep. Shelley Moore Capito, R-2nd, is one of eight GOP House candidates who stand to benefit from the fundraising committee Regain Our Majority Program (ROMP), noted by The Politico.

Manchin Going To Bat For Obama (Updated)

Amid various signs suggesting West Virginia will remain red in this year's presidential election, Gov. Joe Manchin has pledged to come out swinging for his party's nominee.

Manchin told The Charleston Gazette, "after meeting with other 'centrist' leaders of the Democratic Party for two days in Chicago," he believes "Illinois Sen. Barack Obama can carry West Virginia in November."

"I've told Barack, 'You need to come to West Virginia and sit down and talk,'" Manchin is quoted as saying.

The Associated Press covered the weekend meeting of the Democratic Leadership Council. MetroNews also caught the governor afterward, and reports him saying "he was recently able to talk with the Illinois senator and his staff and stress just how important the West Virginia vote could be to his campaign."

MetroNews also has audio with its report, which also said that "no Democratic nominee has won the White House since 1916 without winning the West Virginia Primary."

The observation dovetails with the recent county-by-county electoral map analysis of Appalachia that accompanied an op-ed on the topic in The New York Times. The op-ed, in turn, was invoked in a Monday piece, "Winning over West Virginia," in the United Kingdom newspaper The Guardian.

Update: Manchin also spoke to Public Broadcasting (audio here), recounting this conversation with Obama:

He says, 'You know Joe, I don’t know if my demographics work that well, which is being an African American in a state that is predominantly white Caucasian.' And I kidded with him. I said, I come from an ethic background, in being Catholic in a state that has very few Catholics. You could say my demographics do not work well in West Virginia, but people need to know you. They will base you on your performance. You need to spend time in West Virginia.

Happy New (Fiscal) Year, W.Va.

It doesn't sound nearly as exciting as Jan. 1, but Tuesday kicks off West Virginia's new budget year.

Toward that end, the state completes the gradual halving of the sales tax on groceries to 3 cents on the dollar. The Associated Press reports on the latest food tax cut, while noting that West Virginia's "will still be higher than surrounding states. Kentucky, Maryland, Ohio, and Pennsylvania don't have a food tax. Virginia's is 2.5 percent."

July 1. also marks the opening of the market for workers' compensation coverage to competition beyond the state-created BrickStreet Insurance Co. Those with coverage include the Charleston Daily Mail, The Register-Herald of Beckley, The Journal of Martinsburg and the Bluefield Daily Telegraph.

Update: MetroNews' Talkine featured dueling perspectives on the food tax cuts, with audio from Delegate Mitch Carmichael, R-Jackson, and Manchin spokeswoman Lara Ramsburg.

Election 2008: President

The latest Federal Election Commission filings show that Barack Obama continues to outraise John McCain among West Virginians, The Associated Press reports -- though the Democratic presidential hopeful's campaign notes to AP that the money race is but one barometer of the White House contest.

"Obama has received more than $208,000 from West Virginians, including about $38,500 last month, the FEC filings show," the article said. "McCain attracted about $16,400 in May, bringing his in-state total near $88,600."

The Washington Post casts West Virginia in the red column in a lengthy Sunday piece that contrasts that trend with movement in the opposite direction by Virginia.

U.S. Rep. Shelley Moore Capito, R-2nd, told that newspaper that Democrats "do appeal more to an upper-middle-class, higher-educated, faster-moving kind of voter. Voters here are still waking up in the morning saying, 'I want to make sure my kids get fed and that someone's not trading away my constitutional rights.' "

Stateline.org, meanwhile, is the another to remove West Virginia from the roster of 2008 battleground states. The nifty interactive map includes the Mountain State among 19 it ranks as "safely Republican."

The "Out There" column specifically notes the departure of West Virginia from the list of "purple states:"

Once a staunchly Democratic state, it has voted Republican during the past two presidential elections and gave Obama such a primary drubbing that Out There can no longer justify calling it purple.

Also referring to the May 13 outcome as a "drubbing," AP notes as well that "Exit polling conducted for The Associated Press during the Democratic primary indicated that little more than a third of Clinton's supporters would back Obama, who received about 26 percent of the vote, were he the nominee."

Update: Gov. Joe Manchin is also quoted in the Post piece. After telling the reporter "he has to convince West Virginians that national Democrats would not be able to take away gun rights, even if they wanted to," the governor is quoted as saying, "I've encouraged Barack. I say, 'Please come back to West Virginia and sit down and talk to people so they'll get to know you.' "

Special Session Recap

The Associated Press was on hand for Saturday's finale of the legislative special session convened by Gov. Joe Manchin.

AP reports on the final passage of the hotly debated electioneering communications bill and the session's end. It also offers a glance of the session's highlights.

The Legislature's extensive web site features a roster of the session's 19 items, with links to bill text, roll calls and other details.

AP focused earlier on the back-and-forth over the campaign ad disclosure measure. Others who sifted through that debate include The Charleston Gazette, Public Broadcasting (with audio), MetroNews and The Intelligencer of Wheeling.

W. Va. Supreme Court Rebuffs Legislative Pay Raise Challenge

The state Supreme Court unanimously rejected the petition filed by former state senator and 2008 GOP gubernatorial nominee Russ Weeks, challenging provisions of the legislative pay raise bill passed this year.

The Associated Press has the story, as does The Register-Herald of Beckley.

Special Session Continues

The Associated Press reports on the passage of the bulk of governor Joe Manchin's special session agenda, including his proposed relief from gas taxes. AP also notes the lingering, mostly partisan-line brinksmanship over the electioneering communications measure.

Those focusing on the gas tax item include The Charleston Gazette, The Register-Herald and The State Journal.

MetroNews highlights the related concerns regarding the struggling State Road Fund, with audio of Sen. Brooks McCabe, D-Kanawha, on the topic.

MetroNews, the Beckley newspaper, The Gazette and Public Broadcasting also report separately on the electioneering fight. The latter has audio, while MetroNews has some of its interview with House Judiciary Chairwoman Carrie Webster, D-Kanawha.

MetroNews also reports on the tapping of surplus money for the gas tax item and other measures.

AP Lawsuit Yields Evidence of Massey-Maynard E-Mails

The state Supreme Court's administrator told a Kanawha Circuit judge Wednesday of the existence of a "couple dozen e-mails between West Virginia Chief Justice Elliott "Spike" Maynard and representatives of coal giant Massey Energy Co.," The Associated Press reports.

"The documents were retrieved in January, then sealed after court officials decided to withhold records requested by The Associated Press under the state's Freedom of Information Act," the article said.

Administrator Steve Canterbury testified before Judge Duke Bloom that he "couldn't cite a specific exemption to the state's FOIA law that allows the court to withhold the records," AP reported. "Rather, Canterbury said he's relying on the constitutional separation of powers and the philosophy that the communications of judges should remain private."

Bloom has given the Supreme Court "10 days to turn over the sealed documents and any communications with Massey by Maynard's staff," AP reported. "The court also must submit a log indicating generally what the e-mails contain."

The article explains that "the information was sought as part of the AP's coverage of Maynard's July 2006 vacation rendezvous with (Massey CEO Don) Blankenship in Monaco and southern France. The coal company had several cases pending or headed toward West Virginia's sole appeals court at the time."

DaughterGate Update

• The Associated Press reports on two of the most recent developments: the planned departure of WVU Chief of Staff Craig Walker, and the imminent appointment of former Massachusetts Institute of Technology president Charles M. Vest to WVU's Board of Governors;

• The Charleston Gazette has separate items on Walker's announced resignation and Gov. Joe Manchin's pick of Vest;

• MetroNews reports on Walker, on the departure of Charleston lawyer Steve Farmer from WVU's board, and on the selection Vest to that panel;

• The Charleston Daily Mail offers a run-down of the opening seats on WVU's board, and potential appointees. MetroNews Talkline Host Hoppy Kercheval opines on the latter;

• AP also reports on a move by some legislators toward a legislative interim study of the policies that contributed to the "West Virginia University's granting of an unearned degree to the governor's daughter."

• Those lawmakers tell AP they do not foresee the sort of investigation called for in an early June letter from a group of other legislators. The Register-Herald of Beckley and MetroNews highlight that effort.
  

• AP earlier reported on steps planned by WVU's Faculty Senate to ensure they have a role in finding a successor to outgoing President Mike Garrison.
  

Special Session Update

The 19 bills that form Gov. Joe Manchin's special session agenda (House and Senate versions of each) advanced from their assigned committees in at least one of the chambers late Tuesday.

The Associated Press offers an overview of the agenda and Tuesday's progress.

The Register-Herald focuses on that part of Manchin's gas tax relief proposal that would offset any loss of State Road Fund revenues with $40 million worth of surplus. The Beckley newspapers also reports separately on the bill that aims to "make it tougher for thieves to fence stolen catalytic converters."

The Charleston Gazette also highlights the gas tax measure. It draws attention as well to the item facing the steepest climb: "a bill to update state law on election advocacy advertising."

With a partisan-line battle shaping up over that bill, MetroNews quotes state GOP Chairman Doug McKinney blasts the measure and impugns the motives of its chief supporters. In something of an about-face from earlier this year, McKinney also attacks the 2005 law that the pending bill attempts to tweak in the wake of a federal judge's ruling.

Manchin, Lawmakers To Tackle Fuel Costs

Relief at the pumps could come to West Virginia motorists in 2009, in the form of a freeze on a scheduled increase to the state's gas tax.

As The Associated Press reports, Gov. Joe Manchin plans to ask lawmakers in special session to suspend a rate hike to the per-gallon tax slated to kick in Jan. 1, and estimated a 6 cents.

"The state would offset the resulting loss of revenue to the State Road Fund with $40 million in general revenue and excess lottery surplus," AP reports.

The Charleston Gazette, MetroNews (with audio) and The Register-Herald of Beckley also have details from Manchin's gas tax proposal and other elements of the special session.

The Herald-Dispatch of Huntington, meanwhile, reports on current gas prices and finds that "the state's average of $4.08 ranks 14th nationally in comparison to other states and the District of Columbia."

And The Intelligencer of Wheeling asks local motorists about the gas price crunch and the dueling proposals on the topics from Democrat Barack Obama and Republican John McCain in the race for president.

Prison Overcrowding in W.Va.

Already overcrowded with 6,124 inmates, West Virginia's prison system doesn't have the space for 1,200 convicted felons sent there as punishment, leaving them in the state's regional jails instead.

As The Charleston Gazette reports, the effects of this situation include an annual jail fee bill of $22 million while the Division of Corrections seeks other options.

Corrections Commissioner Jim Rubenstein told lawmakers Monday while "the state is meeting federal requirements for prison space," the jails "are not being operated as prisons and do not offer the same programs for early release for good behavior," the newspaper reported.

The Register-Herald also reported on Rubenstein's presentation during the ongoing interim meetings.

Both The Gazette's article and a separate piece by the Beckley newspaper also touch on indications that "snafus in getting proper home plans before a parole board have left an unknown number of convicts behind bars, unnecessarily jacking up costs to the state."

Rahall Delivers Dem Radio Address

U.S. Rep. Nick Rahall, D-3rd, tackled the topic of high gas prices and drilling for the most recent weekly radio address from the national Democratic Party (audio here or here), which followed President Bush's weekly radio address on the same topic (audio here).

Rahall has been vocal on the issue in recent days.

Special Session Call Coming

Gov. Joe Manchin is expected to call the Legislature into a special session at 5 p.m. Tuesday, once lawmakers finishes their monthly series of interim meetings that began Sunday.

The Associated Press reports that Manchin has "has discussed addressing fuel costs" with legislative leaders, beyond the $5 million proposed to help county schools with gas and diesel bills.

The session is also likely to revive six to eight bills vetoed during the regulars session, propose several supplemental funding measures and dedicate $20 million to $25 million for the successful teacher pension transfer plan.

Election 2008: Abortion

West Virginia is reporting a 22 percent rise in the number of abortions performed in the state in 2006, the latest year for available figures.

"The rise still leaves West Virginia with one of the lowest abortion rates in the country, " The Associated Press reports, and "also represents a slight blip in what has been a marked decline in abortions performed in the state since the late 1990s."

But the increase has helped bring the issue to the race for governor. Republican challenger Russ Weeks alleges the incumbent Democrat, Gov. Joe Manchin, has been paying "lip service" to anti-abortion forces since taking office in 2005. "Manchin says his record opposing abortion speaks for itself," AP's article said.

Latest Byrd Book To Debut

The latest book from U.S. Sen. Robert C. Byrd is slated to hit store shelves Tuesday.

In Letter to a New President: Commonsense Lessons for Our Next Leader, the longest-serving senator in U.S. history taps his experience as well as the U.S. Constitution, the Bible and other sources.

Clocking in at 208-pages, the book "is a plea to the next occupant of the White House, and to all of us, to care more about the future of our country, world and future generations," The Charleston Gazette said in its review.

The review suggests Byrd remains dismissive of president Bush, describing him at one point as the "most divisive, most nakedly partisan president in my lifetime." But he also has harsh words for Ronald Reagan, and opines that Bill Clinton "was also quite arrogant during his tenure in the White House," the review said.

Manchin Joins Obama For Energy Event

Gov. Joe Manchin and 15 of his Democratic counterparts attended a meeting in Chicago last week where their party's nominee for president, Barack Obama, held forth on energy issues.

Among other stances, Obama " said he would invest $150 billion over the next 10 years to create green jobs, particularly in the automotive industry and to improve the electricity grid so people can drive plug-in hybrid vehicles," The Associated Press reported.

He also promised the governors "a plan to spend billions in taxpayer dollars to build roads, bridges and other infrastructure projects that could create jobs and improve transportation routes," the AP article said.

When Obama said the latter proposal could start creating jobs within three months, Manchin was quoted as responding that "I think we could put a lot of people back to work in one month. We're ready."

The Republican National Committee quoted state GOP Chairman Doug McKinney to criticize Manchin for his attendance, while also identifying the governor as "Jim." The Washington Post's "The Trail" blog also flubbed his name.

They Voted For You: FISA

U.S. Reps. Shelley Moore Capito, R-2nd, and Nick Rahall, D-3rd, helped the House pass the "Foreign Intelligence Surveillance Act of 1978 (FISA) Amendments Act of 2008."

Rep. Alan Mollohan, D-1st, was among 128 Democrats and one Republican to oppose the measure in the 293-129 vote.

The Associated Press describes the compromise bill as "an attempt to balance privacy rights with the government's responsibility to protect the country against attack, taking into account changes in telecommunications technologies."

But these new rules would also "effectively shield telecommunications companies from lawsuits arising from the government's terrorism-era warrantless eavesdropping on phone and computer lines in this country," AP reports.

The bill has President Bush's blessing, and "the Senate was expected to pass the bill with a large margin" perhaps this week, AP reported.