Ohio Civil Service Employees Association and ProgressOhio sued the State of Ohio, asserting that the Budget Bill, Am. Sub. H. B. No. 153 , 129th General Assembly, violated the One Subject Rule of the Ohio Constitution because it included a prison privatization measure. The Franklin County Common Pleas Court granted the State’s motion to dismiss the complaint. […]
The Ohio Supreme Court heard oral arguments today (oral argument video) concerning whether it violates the Ohio Constitution when a court orders bail requiring that 10 percent of the amount be paid in cash, and prohibits a defendant from posting a surety bond for the full amount. Section 9 of Article I of the Ohio
City of Cleveland v. State of Ohio, 2014-Ohio-86. The state law governing tow-truck operations (R.C. 4921.25) is a general law, however, the second sentence of the statute violates the Ohio Constitution’s Home Rule Amendment. The following language is severed from the statute, “Such an entity is not subject to any ordinance, rule, or resolution of
Cities Have Home Rule Power to Regulate Tow Trucks, Supreme Court Rules Read Post »
The Ohio Supreme Court denied the writ of mandamus requested by six Republican legislators and Cleveland Right to Life, requesting that the Supreme Court halt the Controlling Board’s approval of funding for medicaid expansion to cover the new group of beneficiaries created by the federal PPACA. The Court found that the relators did not show
Controlling Board’s Expansion of Medicaid Funding is Lawful, Supreme Court Finds Read Post »
The Ohio Supreme Court accepted an appeal filed by Redflex Traffic Systems, Inc. and City of Toledo concerning the constitutionality of administrative hearings for traffic camera tickets. See Docket for Supreme Court Case No. 2013-1277 See our prior post Does Administrative Hearing of Traffic Camera Tickets Usurp Muni Court Powers and Violate the Ohio Constitution?
Ohio Supreme Court Will Hear Traffic Camera Case Read Post »
The Ohio Supreme Court head oral arguments today in ProgressOhio v. JobsOhio, the case which will determine whether liberal group ProgressOhio has standing to challenge the constitutionality of the JobsOhio Act. Argument Video. Oral Argument Preview. See our prior post
Oral Arguments Heard in ProgressOhio v. JobsOhio Read Post »
The Ohio Supreme Court granted Petitioner’s motion to expedite the case in State ex rel. Cleveland Right to Life, Supreme Court docket Case number 2013-1668. See our prior post Lawsuit Claims Governor’s Use of Controlling Board to Expand Ohio Medicaid Unconstitutional. The Court set the schedule as follows: Respondents shall file an answer to the
Supreme Court Sets Expedited Schedule in Medicaid Expansion Suit Read Post »
The Ohio Supreme Court recently heard oral arguments concerning whether a teenager has a right to attend and participate in a visitation hearing. The teenager moved for such participation, as well as to terminate all visitation. The trial court denied these motions, and awarded unsupervised visitation to the father. In their appeal, A.G.’s attorneys argued
Due Process Violation When Teenager Denied Participation in Father’s Visitation Hearing? Read Post »
The 1851 Constitution Center filed a suit in the Ohio Supreme Court on behalf of six Republican legislators and Cleveland Right to Life, asserting that Governor Kasich’s expansion of Medicaid violated the legislature’s powers as set out in Article II of the Ohio Constitution. Funding for the expansion was accomplished by an action of
State v. Boykin, 2013-Ohio-4582 (Ohio Oct. 22, 2013) held that neither the Ohio Constitution, Ohio Revised Code or case law require the sealing of a criminal record based on a pardon. The Ohio Constitution also militates against Boykin’s argument that a pardon automatically entitles the recipient to have the record of the pardoned conviction sealed.
Ohio Constitution Does Not Require Sealing of Criminal Record Upon Governor’s Pardon Read Post »