The appellate court is expected to issue its decision by next week.
The appellate court is expected to hear the case late next month.
That question was recently before an appellate court in California.
Four years later, another Republican president named him to the appellate court.
The appellate court does not have to accept the case.
"And it's never been given the time of day by any appellate court."
West Virginia is one of 11 states with a single appellate court.
"We will ask the appellate court for action in the very near future," she said.
Those cases are making their way through the appellate courts.
Yesterday, the chief judge of a Federal appellate court tried his hand.