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JB McCuskey

John B. "JB" McCuskey is an American lawyer and politician who has served as the 35th of since January 13, 2025. A lifelong resident of the state, McCuskey previously served two terms as from 2017 to 2025. During his tenure as , McCuskey established the Public Integrity and Fraud Unit, which opened more than 200 investigations into local governments and uncovered substantial instances of . Prior to that role, he represented District 94 in the for two terms from 2013 to 2017, where he sponsored bills aimed at improving coal mine safety regulations. In his current position as , McCuskey has led multi-state coalitions to challenge policies viewed as overreaches on state autonomy, including lawsuits against New York's retroactive climate liability law imposing costs on energy producers. He has also advocated for protections in by supporting efforts to bar biological males from female competitions and to restore records affected by such participation.

Early life and education

Upbringing and family background

John B. McCuskey was born and raised in Harrison County, West Virginia, where his family emphasized the values of public service and devotion to the state. His parents, John F. McCuskey and Anne McCuskey, instilled in him a deep appreciation for West Virginia, with his father serving as a justice on the West Virginia Supreme Court of Appeals, exemplifying a commitment to civic duty that influenced McCuskey from an early age. The McCuskey family traces its roots to migration from to , reflecting a of and community involvement that shaped the household's priorities during McCuskey's upbringing. Anne McCuskey, who passed away in 2014, complemented her husband's judicial career by reinforcing lessons in personal responsibility and service alongside family life in the region. This environment in Harrison County, home to Clarksburg, provided McCuskey with foundational experiences tied to local governance and state loyalty.

Academic and early professional experience

McCuskey earned a Bachelor of Arts degree in from in 2004. He subsequently obtained a from College of Law in 2009. Prior to law school, McCuskey worked as a civilian employee for the at , serving in offices associated with the and the broader department. Following his graduation from law school, he entered private legal practice in , as an attorney with the firm Steptoe & Johnson. This role involved general legal work, though specific case details from this period are not publicly detailed in available records.

Entry into politics and legal career

Legal practice prior to politics

Following his graduation from the West Virginia University College of Law, McCuskey joined Steptoe & Johnson PLLC in , as an associate attorney in the firm's energy litigation practice group. He practiced there for six years, focusing on litigation matters related to the energy sector, which aligns with West Virginia's economic emphasis on and natural resources. This private practice experience preceded and partially overlapped with his initial entry into elective office in the . Prior to , McCuskey gained federal government exposure as a civilian employee at , working in the offices of the general counsels for the U.S. Army and the Department of Defense. This role provided early insight into military and defense-related legal operations, though it occurred before he obtained his .

Initial political involvement

McCuskey entered elective politics in 2012 by announcing his candidacy for the in District 35, which covered portions of Kanawha County including areas around . Prior to this, he had no prior elected office but drew on his experience as a practicing in to advocate for conservative fiscal policies during his campaign. His campaign kickoff event took place on March 1, 2012, hosted at the home of JB and Wendy McCuskey in Holly Springs. In the Republican primary election held on May 8, 2012, McCuskey secured the nomination against any challengers within the party. He then prevailed in the general election on November 6, 2012, defeating the or nominee to win the seat with sufficient votes to begin service in the 82nd in January 2013. This victory marked his first successful , reflecting voter support for his platform emphasizing lower taxes and financial responsibility.

Legislative service

Tenure in the West Virginia House of Delegates

John B. McCuskey was elected to the in November 2012 as a representing District 35 in Kanawha County, assuming office on January 9, 2013. He secured reelection in November 2014 and served through the end of his second term in January 2017, resigning upon taking office as . During this period, McCuskey focused on , including job creation and energy sector support, reflecting West Virginia's reliance on and natural resources. McCuskey chaired the House Committee on Banking and Insurance, overseeing legislation related to , regulations, and . He also served on committees addressing and matters, aligning with his advocacy for reducing regulatory burdens on the . In this capacity, he sponsored or cosponsored bills aimed at enhancing mine safety standards, responding to ongoing safety concerns in the state's operations. Over his tenure, McCuskey introduced numerous bills addressing issues, including measures for terminally ill patients' access to investigational drugs (HB 2026, 2016), notifications (HB 2588, 2014), and restrictions on official misconduct by public servants (HB 2489, 2013). He supported initiatives to streamline processes and revise outdated tax laws to benefit taxpayers and local governments. McCuskey consistently opposed federal climate regulations perceived as harmful to West Virginia's economy, prioritizing state .

Key legislative votes and initiatives

McCuskey voted in favor of House Bill 4145 in 2016, which authorized the concealed carry of firearms without a permit, expanding access to Second Amendment protections despite gubernatorial veto, as part of broader efforts to reduce permitting barriers for law-abiding citizens. He also supported Senate Bill 347 in 2015, repealing concealed handgun license requirements under certain conditions, further advancing permitless carry initiatives. On social and health policy, McCuskey sponsored House Bill 2026 in 2016, establishing a "Right to Try" program permitting terminally ill patients access to experimental treatments not yet approved by the FDA, emphasizing patient autonomy over regulatory delays. He voted yes on Senate Bill 10 that year, prohibiting certain procedures, aligning with restrictions on elective abortions after . In election integrity, McCuskey backed House Bill 4013 in 2016, mandating for to prevent , a measure passed amid debates over securing electoral processes. Regarding labor relations, he supported Senate Bill 1, prohibiting employers from requiring union membership as a condition of employment, reinforcing right-to-work policies to enhance worker choice and economic flexibility. McCuskey advocated for improvements in coal mine safety through sponsored legislation during his tenure, addressing operational hazards in West Virginia's dominant industry while opposing federal overregulation. He also voted for House Bill 4014 in 2016, barring the state board of education from implementing standards, prioritizing local control over national curriculum mandates. These positions reflected a consistent emphasis on , individual rights, and state-specific economic priorities.

Executive roles in state government

State Auditor administration

John B. McCuskey assumed office as West Virginia's 21st State Auditor on January 16, 2017, following his election on November 8, 2016, as the first Republican in the role since 1928. He was reelected on November 3, 2020, and served until January 13, 2025, overseeing audits of state spending, local governments, municipalities, county commissions, school boards, public service districts, and volunteer fire departments. The office under McCuskey emphasized fiscal accountability, implementing tools to monitor expenditures in real time and combat waste amid state budget shortfalls exceeding $500 million in 2017. McCuskey prioritized transparency by launching an portal in 2017 to track every state dollar spent, enabling public access to vendor payments and details. His administration created the Public Integrity and Unit, which recovered nearly $1 million in 2023 from a scheme involving altered payments to a vendor, and identified over $965,000 in stolen funds by 2024 through collaborative investigations with federal authorities. Performance audits uncovered specific waste, such as $1 million spent leasing an unused state building in 2018, prompting legislative scrutiny via the Joint Government Accountability, Transparency and Efficiency Commission. Additional measures included withholding payments to tax-delinquent vendors starting in 2019 and generating over $41 million in card rebates for state and local entities during his tenure. As ex officio Land Commissioner, McCuskey secured legislative funding for demolishing blighted structures across counties. He advocated for auditing process enhancements, including expanded use of data analytics to detect irregularities, as outlined in a 2019 emphasizing for state purse spending. The office also supported investigations into nonprofit mismanagement, such as 2024 audits of the Volunteer Organizations Active in Disaster (VOAD) program amid misconduct allegations dating back to 2016 flood recovery efforts. One legal challenge arose in 2019 when sought to prohibit McCuskey from processing excess payments to senior-status judges, but the of Appeals denied the , upholding the Auditor's authority. McCuskey's efforts extended to streamlining administration by pushing legislative rewrites of outdated laws.

Transition to Attorney General candidacy

In July 2023, while serving his second term as , J.B. McCuskey announced he would pivot his campaign from the 2024 gubernatorial primary to seek the party's nomination for . McCuskey had initially entered the governor's race earlier that year amid a crowded field featuring candidates with greater financial resources, which he identified as a key factor in his decision to redirect efforts. He emphasized adherence to term limits, noting that pursuing a third term was not viable, and positioned the role as a stronger alignment for defending state interests against federal overreach from "out-of-touch bureaucrats." McCuskey framed the switch as an extension of his tenure's focus on accountability and oversight, aiming to build on incumbent Patrick Morrisey's legal challenges to federal policies impacting . He highlighted priorities such as advancing , protecting parental rights, and enhancing consumer protections through litigation, arguing these could be more effectively pursued via the 's authority than in the executive branch. This move positioned him against competitors including Senators Ryan Weld and Mike Stuart in the May 2024 primary. The transition drew no immediate opposition from his gubernatorial rivals but underscored McCuskey's strategic recalibration in a competitive landscape, leveraging his experience auditing state finances—where he had recovered over $100 million in unclaimed property and pursued investigations—to argue for a prosecutorial role in safeguarding economic and individual liberties.

2024 Attorney General election

Primary campaign

In July 2023, incumbent J.B. McCuskey withdrew from the primary for , where he had been a candidate since 2021, and announced his candidacy for instead, citing his extensive experience in auditing state finances and pursuing legal accountability as qualifications to challenge federal overreach and protect interests. McCuskey's primary opponent was state Senator Mike Stuart, a Kanawha County and former chairman of the Senate Judiciary Committee, who emphasized his legislative record on and . The campaign highlighted differences in executive versus legislative experience, with McCuskey arguing his auditing role provided direct insight into government waste and , positioning himself as better suited to wield the Attorney General's enforcement powers. The primary occurred on May 14, 2024, amid broader state primaries influenced by debates over and federal regulations. McCuskey defeated Stuart, receiving 60.2% of the vote to Stuart's 39.8%, with turnout reflecting strong Republican participation in a state where the party held supermajorities in the legislature.

General election and victory

In the general election for held on November 5, 2024, nominee JB McCuskey faced Teresa Toriseva, a Wheeling-based and former . McCuskey's campaign highlighted his prior experience auditing state finances and pursuing litigation against perceived federal overreach, positioning himself as a defender of 's economic interests, particularly in energy sectors. Toriseva emphasized consumer protection and challenging corporate influences, but the race unfolded in a state with strong voter registration advantages. McCuskey achieved a decisive victory, capturing 501,452 votes or 70.02% of the total, compared to Toriseva's 214,654 votes or 29.98%. The outcome reflected broader success in West Virginia's statewide contests, including the gubernatorial race won by . This margin underscored McCuskey's appeal among voters prioritizing fiscal accountability and resistance to federal mandates.

Attorney General tenure

Key lawsuits and legal actions

As West Virginia Attorney General, J.B. McCuskey has prioritized legal actions defending state economic interests, combating the opioid crisis, and challenging federal overreach. In February 2025, he led a coalition of 22 attorneys general in filing a federal against New York's Climate Act, arguing the law unconstitutionally imposes retroactive liability on fossil fuel producers for historical , potentially costing energy companies billions and violating interstate commerce protections under the . The suit, filed in the U.S. District Court for the Northern District of New York, seeks to invalidate the statute on grounds of extraterritorial overreach and violations. In August 2025, McCuskey's office initiated a against (now part of Evernorth Health Inc.) and affiliated entities, alleging the pharmacy benefit manager conspired with manufacturers to inflate drug prices, override safety protocols, and prioritize profits over during the . The complaint, filed in Kanawha County , claims violations of consumer protection laws and seeks damages to reimburse state expenditures on treatment and abatement. This action builds on McCuskey's earlier role in securing a $7.4 billion national settlement from and the in January 2025, which allocates funds to for remediation efforts stemming from aggressive OxyContin marketing. McCuskey has also defended state policies in federal courts, including filing an opening brief in 2025 at the U.S. upholding West Virginia's Save Women's Sports Act, which restricts male participation in female school sports to preserve competitive fairness. In October 2025, he announced a multistate victory striking down a Biden administration Department of Health and rule perceived as expanding mandates on healthcare programs. Additionally, his office joined 16 attorneys general in September 2025 to investigate major tech firms for allegedly deceptive claims about usage, focusing on the misuse of renewable energy certificates to mask reliance. These efforts align with McCuskey's emphasis on protecting West Virginia's and sectors from regulatory burdens.

Policy priorities and coalitions

As , McCuskey has prioritized defending state energy interests against federal and interstate regulatory overreach, particularly targeting environmental policies perceived as detrimental to and sectors. He has positioned himself as a key ally in challenging EPA regulations and broader initiatives, including leading efforts to oppose U.S. participation in summits. This focus builds on his campaign emphasis on economic defense for resource-dependent communities, with initial actions including scrutiny of proposed EPA rules for coal-fired power plants. McCuskey's agenda also emphasizes public safety and , evidenced by lawsuits targeting pharmacy benefit managers for exacerbating the opioid crisis through profit-driven practices that violated state law and standards. He has pursued initiatives against predatory technologies, joining calls for tech firms to curb AI-driven harms to minors, and supported protections in areas like school sports fairness by defending legislators targeted for opposing policies allowing biological males in female categories. Additionally, he has advocated for combating through enhanced federal-state coordination on intelligence sharing and campus safety. In forming coalitions, McCuskey frequently leads or participates in multistate groups of attorneys general to amplify legal challenges. Notable examples include spearheading a 22-state against New York's Climate Act, which imposes retroactive liabilities on producers for alleged emissions, arguing it unconstitutionally burdens out-of-state entities. He organized a 17-state effort urging the administration to boycott the 2025 COP-30 conference, prioritizing national sovereignty over global climate commitments. On constitutional rights, McCuskey headed a 26-state endorsing a federal Second Amendment to counter encroachments. These alliances reflect a strategy of leveraging collective authority for high-impact litigation, often bipartisan on child safety but predominantly conservative on economic and rights issues.

Policy positions

Fiscal responsibility and government accountability

During his tenure as West Virginia State Auditor from 2017 to 2025, John B. McCuskey prioritized fiscal responsibility by implementing transparency measures to monitor public spending and curb waste. He launched an platform in 2017 using Smart Government Cloud, providing a searchable interface for tracking state expenditures amid a nearly $500 million budget deficit, with the goal of empowering citizens to identify and inefficiencies. This initiative expanded through Project Mountaineer, which delivered financial reporting software to over 40 counties, 50 cities, and 55 school boards, enabling real-time access to spending details via wvcheckbook.gov and positioning among the nation's most transparent states. McCuskey's office conducted audits that exposed government waste, notably a 2021 review of the Economic Development Authority's Non-Recourse Loan Program (2002–2016), which revealed approximately $25 million loaned to seven firms with only $674,222 repaid, resulting in over $24 million lost and incomplete records on job creation outcomes. In response, McCuskey proposed the Development Achievements Transparency Act, mandating a searchable database for subsidies, including expenditures, objectives, and results, alongside penalties for non-compliance; he collaborated with Treasurer to advocate for quarterly reports, regular audits, and enhanced oversight. His administration also recovered nearly $1 million in stolen funds, underscoring efforts to enforce accountability. Prior to his auditor role, McCuskey advocated financially responsible policies as a state delegate, including support for lower taxes and conservative budgeting. As since January 2025, he has pledged to extend these priorities across branches, combating and bureaucratic excess while maintaining a platform to track spending trends and .

Energy policy and economic defense

McCuskey advocates for robust support of West Virginia's industry and production, emphasizing their role in ensuring affordable, reliable domestic and economic stability. He has described as "crucial for a prosperous ," arguing that federal overregulation has undermined the sector's viability despite its capacity to provide baseload power superior to intermittent renewables like and . During his tenure in the , McCuskey sponsored bills to improve mine safety standards, reflecting a commitment to sustaining the industry's workforce while prioritizing operational reliability over restrictive environmental mandates. As Attorney General, McCuskey has pursued legal actions to defend fossil fuel interests against state-level climate policies perceived as extraterritorial burdens on energy producers. In February 2025, he led a coalition of 22 attorneys general in suing New York over its Climate Superfund Act, which seeks to impose billions in liabilities on fossil fuel companies for alleged contributions to climate change, contending that such measures violate interstate commerce principles and threaten jobs in coal-dependent states. He has similarly joined multistate efforts scrutinizing tech companies' renewable energy claims, alleging misleading reliance on offset certificates to mask ongoing fossil fuel dependency, which he views as deceptive marketing that disadvantages traditional energy sources. McCuskey's economic defense strategy extends to opposing international climate frameworks that prioritize emission reductions over energy realism. In October 2025, he spearheaded a letter from 17 attorneys general urging the administration to abstain from the UN's COP-30 summit, criticizing its agenda for advancing anti-fossil fuel policies that ignore the of renewables and impose economic harm on resource-rich states. This aligns with his broader push for , including endorsements of federal initiatives to revive coal production amid rising national demand, positioning such measures as vital for job preservation and shielding regional economies from policies favoring unproven green transitions.

Social conservatism and family protections

McCuskey identifies as pro-life, rooted in his faith and role as a father of two daughters, committing to defend the unborn through legal and policy actions. During his tenure in the West Virginia House of Delegates, he supported House Bill 4588 in March 2015, which sought to prohibit abortions after 20 weeks of gestation on the grounds that the fetus can feel pain. As Attorney General, he led efforts to counter interstate abortion facilitation; in July 2025, McCuskey joined 15 other Republican attorneys general in a letter to Congress urging the prohibition of "abortion shield laws" in states like New York and California, which insulate providers from civil liability for actions violating other states' restrictions post-Dobbs v. Jackson Women's Health Organization. These positions reflect a prioritization of fetal protection as integral to family integrity, opposing procedures he views as undermining the foundational unit of biological parenthood. To bolster family stability, McCuskey has backed reforms aimed at reducing impulsive dissolutions. In May 2014, as a delegate, he endorsed introducing a mandatory waiting period and mutual consent for no-fault , intending to encourage and preserve intact households, particularly those with children. This approach aligns with conservative emphases on enduring marital commitments over expedited separations, countering trends where unilateral correlates with higher rates of and instability, as evidenced by longitudinal family studies. McCuskey champions parental in child-rearing domains, including and decisions. His 2023 campaign platform pledged unwavering defense of parents' involvement in schooling, tying it to expansion to grant families options beyond public monopolies. In August 2025, as , he moved to consolidate lawsuits challenging West Virginia's strict school mandates, advocating for religious exemptions to affirm parental against uniform state enforcement. These stances position families as primary decision-makers, resisting institutional overreach that could erode household sovereignty. Extending protections to athletics, McCuskey has upheld biological sex-based categories to safeguard opportunities for girls. In 2025, he submitted a U.S. brief defending West Virginia's 2021 (Senate Bill 554) barring males identifying as female from competing in female school sports, arguing it prevents unfair advantages from male —such as greater strength and speed—and preserves Title IX's intent for equitable female participation. This defense counters federal challenges under the , prioritizing empirical sex differences over claims in contexts affecting family-influenced .

Law enforcement and public safety

McCuskey has advocated for bolstering capabilities to enhance public safety in , pledging to provide officers with the necessary resources and support to pursue criminals and deliver justice. He positions himself as a steadfast ally to , emphasizing the need to make streets safer amid rising concerns over and . A key focus of his public safety agenda involves combating the epidemic, which he describes as devastating families, economies, and overall well-being. In February 2025, McCuskey joined a 25-state urging .S. Senate to enact the HALT Act, which would permanently classify fentanyl-related substances as Schedule I controlled substances to restrict their proliferation. He has highlighted fentanyl's role in fueling and overburdening systems, joining 16 other attorneys general in October 2025 to endorse federal designations of drug cartels as foreign terrorist organizations, arguing that such measures would disrupt smuggling operations endangering and residents. McCuskey's efforts extend to leveraging settlement funds for local abatement, distributing approximately $3.5 million to cities and counties in May 2025 to address crisis-related harms, including those impacting public safety infrastructure. He has also supported deploying units to quell urban lawlessness, filing briefs in September 2025 to defend presidential authority in protecting the nation's capital from disorder. These positions reflect a prioritization of proactive and over restrictive measures on police operations.

Reception and controversies

Achievements and commendations

McCuskey's legal efforts earned him the Best Brief Award from the National Association of Attorneys General, recognizing excellence in appellate briefing. He also received the Leader in Law Award from College of Law, honoring contributions to legal practice and public service. As State Auditor from 2017 to 2025, McCuskey created the Public Integrity and Unit, which by mid-2019 had opened 53 investigations targeting misuse of public funds. His administration of the state's purchasing card program generated over $41 million in rebates for state and local governments through negotiated vendor incentives. Serving concurrently as Land Commissioner, he streamlined redemption processes and championed Senate Bill 552 in 2022, which expedited the of dilapidated structures by clarifying forfeiture rules and allocating funds, resulting in the clearance of hundreds of blighted properties statewide. In his initial tenure as Attorney General starting January 13, 2025, McCuskey led a coalition of 26 attorneys general in an amicus brief supporting the establishment of a federal Second Amendment Task Force to counter restrictive policies. His office's Solicitor General Division secured a "Best Brief" recognition from the National Association of Attorneys General in October 2025 for appellate work in a multistate challenge. McCuskey has been commended for advancing fiscal transparency, with independent assessments crediting his auditing reforms for positioning West Virginia as the nation's most transparent state in government spending data access.

Criticisms and political opposition

During the 2024 Republican primary for , McCuskey faced criticism from rival candidate Mike Stuart regarding his legislative record. Stuart accused McCuskey of voting against the while serving in the , arguing it undermined protections for religious liberties despite McCuskey's claims of supporting such rights. Stuart further contended that McCuskey had sponsored Fairness West Virginia legislation and accepted maximum campaign contributions from Stephen Skinner, the founder of the pro-LGBTQ advocacy group , implying an alignment with a "transgender agenda" inconsistent with conservative priorities. McCuskey rejected these claims, asserting that Skinner's support stemmed from respect for his legal acumen rather than shared policy views and denying any endorsement of the group's broader objectives. In general elections, McCuskey has encountered partisan opposition from Democratic candidates, though specific policy critiques have been limited in public discourse. As , he defeated incumbent John D. Perdue in 2016, and in the 2024 race, he prevailed over Teresa Toriseva amid West Virginia's strong lean. No major personal scandals or widespread empirical criticisms of misconduct have emerged during his tenure, with legal challenges such as pro se litigant Jay Folse's unsuccessful suits alleging mishandling of tax liens dismissed by courts.

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