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    The Cardinal Institute for West Virginia Policy Release 2026 Legislative Agenda

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Capito’s Innovation Grade Rises as Justice Debuts with ‘C’ in New National Report

by Rebecca Stalnaker
in State News
April 27, 2026
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WASHINGTON D.C. (WVDN) — West Virginia’s two U.S. senators now show a sharp contrast in their engagement with intellectual property (IP) policy, according to a new report.

The third edition of the Congressional Innovation Scorecard, published in April 2026 by the Council for Innovation Promotion (C4IP), shows veteran Sen. Shelley Moore Capito’s ranking rising, while the state’s newest senator, Jim Justice, enters with a lower initial score. The Scorecard evaluates lawmakers based on their voting records, their involvement in sponsoring or cosponsoring bills, and their visible leadership through public statements on IP policy.

Sen. Shelley Moore Capito (R-WV) improved her grade to a B+, up from a B in the previous edition. The scorecard, which measures support for a strong IP system through legislative and policy activities, places Capito among a group of active senators who frequently back pro-innovation policies.

The report identifies Capito as part of a group that often makes “meaningful public statements and interventions” on behalf of IP rights. Her improved grade reflects higher measured activity levels during the 119th Congress.

In his first appearance on the scorecard, Sen. Jim Justice (R-WV) received a C. According to the C4IP analysis, while Senator Capito is recognized for active engagement, Senator Justice is currently grouped with a majority of members of Congress who the report labels as showing “relatively limited public interest” in IP policy. 

The scorecard findings state that most lawmakers rated ‘C’ or lower do not regularly sponsor or cosponsor pro-IP legislation. Instead, the report notes that these members’ scores often primarily reflect “unanimous consent votes” across the congresses examined rather than active leadership on the issue. These routine procedural approvals typically pass without formal debate and are generally considered a less meaningful indicator of a lawmaker’s individual advocacy.

However, the report notes that this “grade regression” is common for the high number of freshman members in the 119th Congress, who often have a lower initial activity rate as they begin their tenure.

West Virginia’s split results reflect a broader national pattern identified by C4IP, where a small “core group” of leaders drives most IP policy while a large portion of Congress remains disengaged.

The report concludes that a clear majority of Congress—roughly two-thirds—still shows only limited interest in advancing positive IP policy, with 65% of members receiving a ‘C’ or lower. The organization argues that a robust IP framework is vital to national security and the U.S. economy, which it states employs 45 million Americans in IP-intensive sectors.

 

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Rebecca Stalnaker

Tags: BUCapitoInnovationJusticeNewPortReportUSVA

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