For several days now, it's been unclear not only which party will fill the vacant seat in the West Virginia Senate, but who will make that decision.
One of those questions got answered on Friday: Gov. Earl Ray Tomblin will not decide which party fills the seat.
The state Supreme Court issued a stay in the case over the empty Senate seat. Justices ordered that the seat - vacated by Daniel Hall, a Wyoming County Democrat-turned-Republican - stay open until the court decides which party should fill it.
Tomblin had asked the court to decide, but had also said he was obligated by state law to appoint a replacement today, five days after he received a list of potential replacements from local Democrats. The court's stay means Tomblin, a Democrat, will not appoint anybody today.
Tomblin had said, absent advice of the court, he would appoint a Democrat to fill the seat vacated when Sen. Daniel Hall resigned. He has also said he will abide by the court's decision, whatever it may be.
Both parties claim a right to fill the seat because Hall was elected as a Democrat, but switched parties in 2014 and was a Republican when he resigned.
So, the issue is at least partly resolved, right?
Well, maybe.
If the court orders that Hall's replacement should be a Republican, Tomblin has said he will appoint a Republican.
But if the court orders Hall's replacement should be a Democrat, West Virginia could be looking at a bit of a constitutional crisis.
With control of the Senate hanging on which party gets to fill the seat, Republican leaders have given strong indication that they will not accept a Democratic replacement, even if ordered by the court.
Senate President Bill Cole, R-Mercer, in his brief to the court in the case, twice cited Article 6 of the West Virginia Constitution, which says that the Legislature is the judge of the "qualifications of its members."
Questioned repeatedly earlier this week, Cole refused to say what the Senate would do if the court rules against the Republicans.
Senate Judiciary Chairman Charles Trump, R-Morgan, pointed to that section of the constitution on Friday to say it would be the Senate's decision.
"It is up to the West Virginia Senate, the West Virginia Senate is the final arbiter," Trump said. "It will be a decision that's ultimately decided by the West Virginia Senate."
Asked if the Senate can override a Supreme Court decision, Trump said, "on some matters, not on all matters.
"It's a question, all I'm suggesting, it's a question that the Senate may decide, but it's the Senate's to decide," Trump said.
The Supreme Court received briefs in quick succession on Friday.
First, Attorney General Patrick Morrisey asked the court to block Tomblin from filling the vacant seat until the court, which will hold oral arguments on Tuesday, has a chance to decide.
Morrisey, a Republican, has already asked the Supreme Court to order a Republican replacement.
Then, Tomblin said that unless the court issued a stay, he would appoint a Democrat, as his five-day time limit for making an appointment runs out on Saturday.
"He will choose to err on the side of the people - the voters of the 9th Senatorial District - who elected a Democrat," Tomblin's counsel, Peter Markham wrote.
A couple hours after that, the court granted the stay, as requested by Morrisey.
Control of the state Senate hangs in the balance. Hall's 2014 party switch broke a tie and gave Republicans an 18-16 majority. They currently hold a 17-16 edge, but a Democratic replacement would once again deadlock the chamber, putting at risk contested pieces of the Republican legislative agenda.
Reach David Gutman at david.gutman@wvgazettemail.com, 304-348-5119 or follow @davidlgutman on Twitter.