President Obama, following the historic Supreme Court decision legalizing gay marriage in Ohio and every other state, said, “sometimes there are days like this, when that slow, steady effort is rewarded with justice that arrives like a thunderbolt.”
Republicans running for President have criticized this “thunderbolt” as the work of five unelected judges imposing a policy on America. The main legal criticism has been to suggest that the Court should simply apply the Constitution as originally written.
The key to responding to your conservative friends, and understanding the Obergefell decision, is to recognize that the President is wrong […]Full Story... →
The Supreme Court on Thursday upheld the provision of the Affordable Care Act that allows the federal government to provide subsidies to individuals who purchase insurance on a federally-run exchange, like in Ohio.
The Chief Justice, John Roberts, wrote for a 6-to-3 majority upholding the original interpretation of the law.
The real fun – and it is fun because the good guys won – is found in Justice Scalia’s dissenting opinion. The short version: Justice Scalia is pissed that the Supreme Court won’t invalidate the Affordable Care Act.
The highlight: Justice Scalia calls the arguments of the […]Full Story... →
The Supreme Court is set to issue ruling soon on two of the biggest cases of the term. Both cases will have a significant impact on Ohio.
We decided to check in with our Supreme Court expert to get some predictions. Our expert is an attorney who has handled more than 100 appeals in state and federal courts. We have contacted him the past few years, and he tends to calm our worries.
In Obergefell v. Hodges, the Supreme Court is considering same-sex marriage. Our expert emphasizes that it is important to remember that Obergefell really is two cases, […]Full Story... →
Last month, Auditor Dave “At Least I’m Not Mike DeWine” Yost announced that his Office would conduct “sunshine audits” of any public entity in the state to check for violations of the Ohio Public Records Act.
Sure, it was some obvious political grandstanding during “Sunshine Week.” But with all the crazy shit the Republicans in the Legislature have been threatening to do recently, we will take our small victories for sanity where we can find them.
The Response of the Republican Leadership to Yost’s efforts: “This Sanity Shall Not Stand.”
Under the program, Ohio residents can complain that […]Full Story... →
Ohio Supreme Court Justice Judith French generally had a great reputation before joining the Ohio bench. Now, that reputation is in tatters.
French is one of the sitting Ohio Supreme Court justices seeking another term. She has received significant support from outside conservative groups.
The Columbus Dispatch reported that French has been touting her activist conservative credentials recently. She told a Republican group in Powell
“Whatever the governor does, whatever your state representative, your state senator does, whatever they do, we are the ones that will decide whether it is constitutional, we decide whether it’s lawful. We decide what it […]Full Story... →
This is scary. And the headline is not an exaggeration.
Yesterday we posted some of the responses by candidates to the Cincinnati Right to Life survey. The answer to one question by Justices French and Kennedy – who are seeking re-election to the Ohio Supreme Court – really stood out.
The question from is:
In Roe v. Wade, 410 U.S. 113 (1973), the U.S. Supreme Court recognized a “right to privacy” under the Constitution that includes abortion. The Constitution does not include this right.
Justice French responded, “I am unable to take a position on this issue.”
Justice Kennedy responded, […]Full Story... →
“My fellow Ohioans. It has now become obvious that the federal courts are going to strike down Ohio’s ban on same sex marriage. Let me be clear that I think a huge mistake has been made here. This state is headed for a disaster of biblical proportions. Old Testament, real wrath of God type stuff. Fire and brimstone coming down from the skies! Rivers and seas boiling! Forty years of darkness! Earthquakes, volcanoes, the dead rising from the grave! Human sacrifice, dogs and cats living together, mass hysteria!
But all that will be on the unelected judges, not me.
[…]Full Story... →
This is big.
Federal judge Peter C. Economus issued a preliminary injunction blocking Republican changes to Ohio’s early voting. Read the coverage from the New York Times:
The case involved two main issues. First, early voting during evenings and on at least two Sundays before the election, and the so-called “Golden Week,” when a person could register and vote on the same day.
A copy of the opinion will be available below.
The Judge found that the revised voting schedule unconstitutionally burdened the right to vote of African Americans, lower income individuals, and the homeless. The judge noted that […]Full Story... →
Some good news from the courts. United States District Court Judge Peter Economus has issued a permanent injunction ordering Ohio to reinstate the three days of early voting preceding the election.
The full opinion is available on the excellent Moritz Election Law Litigation webpage.
Quick refresher: Following the TCF that was the 2004 presidential election, Ohio adopted no-excuse early voting. Ohio permitted voters to cast early ballots up to the day before an election. The Republicans in the Legislature noticed that early voting was done primarily in Democratic-leaning areas, and especially in Africa-American areas. As part of a broader effort […]Full Story... →
Five Republican Justices on the Ohio Supreme Court just did Governor John Kasich a huge political favor.
The Ohio Supreme Court threw out a lawsuit challenging the constitutionality of JobsOhio on a legal technicality.
You can read the whole opinion here: ProgressOhio.org, Inc. v. JobsOhio, Slip Opinion No. 2014-Ohio-2382.
There is little doubt, in our view, that had a court been permitted to review the merits of the claims that JobsOhio violates the Ohio Constitution, the court would have ruled the centerpiece of the Kasich Administration unconstitutional. We won’t get into why here; just trust us, or read this […]Full Story... →
Hans: Yeah, pay attention, because we’re not working for nothing here!
Franz: Yeah. Listen to me now, and believe me later: you know, if you don’t think this matters, you know.. maybe we should take a belt to your buttocks muscle until it’s all black and blue and swollen!
The judge will issue a formal ruling in April 14, 2014. After that date, Ohio will be compelled to recognize same sex marriages performed […]Full Story... →