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First, he isn't going to win this argument in the courts either but win or lose this likely hurts Morrisey.
Blankenship, who spent a year in jail on a federal mine conspiracy conviction, finished third in the West Virginia Republican primary earlier this month.
The former Massey Energy chief developed a deep distaste for the Republican primary winner, incumbent Attorney General Patrick Morrisey, and has said he wants to block Morrisey’s path to the U.S. Senate.