From the Charleston Gazette-Mail:

Don Blankenship is taking his battle to run for U.S. Senate to the West Virginia Supreme Court.

According to a petition for writ of mandamus filed with the state’s high court Thursday, Blankenship and the Constitution Party are challenging West Virginia Secretary of State Mac Warner’s decision to deny Blankenship's candidacy papers to run with the party.

The link has more information.

Update

The Wheeling Intelligencer is also covering the story here.