The special election is expected to take place several weeks before Nov. 15.  

Capito is considered a favorite, if she decides to run for governor. But one top Republican said the congresswoman wouldn't seek the job.

Betty Ireland, a former secretary of state who intends to run, said she spoke with Capito, who told her she wouldn't run. "She is the leader of the Republican Party in West Virginia," Ireland said of Capito, according to the Parkersburg News and Sentinel.

Whatever was said in private, Capito issued her own statement after the court ruling.

"I am humbled by the amount of support to run for office in 2011," she said. "However, my commitment remains strong to the people of the 2nd District to serve the entire term in the 112th Congress in which I was recently elected."

Capito is weighing the option of running for the governor's office, for Senate against Manchin or keeping her seat.

"Only until my obligations of this Congress are complete, will I consider running for any other office. I intend to evaluate those options at the appropriate time with my family and supporters and leave all my options available," she said Tuesday.

--Updated at 1:40 p.m.