News
News Home
Quick Bites
Exploradio
News Archive
News Channel
Special Features
NPR
nowplaying
On AirNewsClassical
Loading...
  
School Closings
WKSU Support
Funding for WKSU is made possible in part through support from the following businesses and organizations.

Northeast Ohio Medical University

Knight Foundation


For more information on how your company or organization can support WKSU, download the WKSU Media Kit.

(WKSU Media Kit PDF icon )


Donate Your Vehicle to WKSU

Programs Schedule Make A Pledge Member BenefitsFAQ/HelpContact Us
Courts and Crime


Ohio Supreme Court hears first round of arguments in JobsOhio
Questions about the funding and legal structure of the agency will await a decision on whether Ohio citizens can even try to challenge those
by WKSU's STATEHOUSE BUREAU CHIEF KAREN KASLER


Reporter
Karen Kasler
 
Maurice Thompson flanked by (l-r) Rob Walgate of the Ohio Roundtable, Brian Rothenberg of Progress Ohio, State Sen. Michael Skindell (D-Lakewood) and former Rep. Dennis Murray (D-Sandusky).
Courtesy of KAREN KASLER
Download (WKSU Only)
In The Region:

The Ohio Supreme Court heard arguments on JobsOhio, but not on whether it’s a constitutional creation. Statehouse correspondent Karen Kasler reports today’s case was simply about who can file a lawsuit to settle the question of constitutionality.

LISTEN: JobsOhio arguments

Other options:
Windows Media / MP3 Download (0:57)


LISTEN: JobsOhio arguments (extended)

Other options:
Windows Media / MP3 Download (3:25)


Both sides got the same question: "Who has standing to sue in a case like this?”

Chief Justice Maureen O’Connor asked it of Maurice Thompson from Progress Ohio, which filed the suit. 
“Does every Ohioan have the right to stand where you are today?” she continued.
Thompson started to answer:  “In certain cases, it’s imperative...“ and O'Connor cut him off.
“No. This case. This case. Had they gotten, done their filings within the 90 days.” 
Responded Thompson, “Yes, your honor. It’s imperative in certain cases, including this one, that any Ohioans in their capacity as a citizen or a taxpayer have the standing to enforce the Constitution.”

And Justice William O’Neill asked the question of state deputy solicitor Steven Carney. 
“Who has standing to challenge Progress Ohio – or, I’m sorry, JobsOhio? I keep getting my organizations mixed up. Who has standing today?” 
Answered Carney, “I believe that if they disagree with the transaction, liquor, private-party people who deal with liquor who now deal with the new arrangement, or bondholders –“ 
This time, it was up to O'Neill to cut him off:  “Why? Why are they different?” 
Carney responded: “Because they have a concrete interest in the transaction.”

Who has rights?
Thompson said this law implicates public rights, not individual rights – and he said if no one has the standing to challenge laws, lawmakers are all powerful and can legislate at will. But Carney and the JobsOhio side argued that Progress Ohio wants an unprecedented form of standing that would allow 11.5 million people to legally fight any state law. 

“Their rule has no limits. It asks you to clear several constitutional hurdles. ... They want you to throw away all that precedent, let everybody sue, as long as it’s a constitutional challenge. That’s their only limit.”

The JobsOhio side also argued that there’s no investment of public money here so there can’t be any taxpayer standing, because JobsOhio is a private non-profit corporation.

That was just one of the several hints of possible future arguments about JobsOhio, including about its transparency. But those won’t happen unless the Supreme Court rules that Progress Ohio has standing and that the lawsuit can proceed. Thompson said after the arguments that he feels that it will. 

Blacking out the constitution
“I don’t exactly know which justices the votes will come from or exactly what they’ll say, but if they don’t want to take a black magic marker and redact half of the Ohio Constitution, then they have to rule in our favor.

"I think that they recognize that this body has a place in our state government, and that that place will be lost if Progress Ohio doesn’t have standing here.”

There’s no timeline for a ruling, though Thompson said he thinks his lawsuit against the state over Medicaid expansion will be decided before this one will.

The issue of standing is key in several other cases, including the lawsuit over video lottery terminals at horseracing tracks that was filed by Progress Ohio and the conservative Ohio Roundtable. The Ohio Roundtable was also part of this lawsuit, along with two Democratic lawmakers.

All but one justice on the court are Republicans. One of those Republicans, Justice Paul Pfeifer, said in court that this is a complicated case and that perhaps it should be tried in common pleas court – which is exactly what would happen if Progress Ohio prevails.

 

Add Your Comment
Name:

Location:

E-mail: (not published, only used to contact you about your comment)


Comments:




 
Page Options

Print this page

E-Mail this page / Send mp3

Share on Facebook




Stories with Recent Comments

Local Ebola concerns cause officials to pay more attention to West Africa
I have a better idea, let's secure our borders and spend those billions of dollars on our own first.

HUD and Cuyahoga Land Bank extend a housing deal for another year
Need to sale lot, and would like to know how to contact someone to see if they may be interested in the property that sat between two lots. If you can give me...

Akron Beacon Journal details abuse claims against televangelist Angley
In the early 90's I went forth for pray. And the man was anointed by the hand of God. Just a fact I will never forget

Lawmaker questions why a million voters didn't get absentee applications
He's a damn lie! I vote n all elections. I missed 1. Haven't gotten my absentee ballot and their making it hard to get one.

Thirsty Dog Brewery warns it might have to leave Akron
Why is it the city's responsibility to find this guy a location? There are a hundred realestate companies that could help him.

Kent State sends home three after contact with second Ebola-stricken nurse
Why weren't all health workers who were around Duncan quaranteened for 21 days and tested for Ebola? That's a no-brainer. Why was Vinson allowed to travel right...

New book says Willoughby Coal is haunted...and that's good for business
Would love to see a series of books that would just thrill me. I cannot wait to visit some of the locations. And revisit some of the locations I have already vi...

Cleveland Indians to continue with 'dynamic pricing'
pricing is too high for a family as well as people like me who are on a fixed income. Bleacher seats are cheaper but concessions are rediculous.

Kasich talks about faith, drugs and education -- but never FitzGerald
The idea that you can learn more by talking to a 90 year old person than from a history book is just another example of how the GOP hates education and knowledg...

Third-grade charter school students fail state testing
A partisan anti-charter group came out with analysis that ODE says is based on incorrect data. So why is this a story? It doesn't seem to rise to WKSU's typic...

Copyright © 2014 WKSU Public Radio, All Rights Reserved.

 
In Partnership With:

NPR PRI Kent State University

listen in windows media format listen in realplayer format Car Talk Hosts: Tom & Ray Magliozzi Fresh Air Host: Terry Gross A Service of Kent State University 89.7 WKSU | NPR.Classical.Other smart stuff. NPR Senior Correspondent: Noah Adams Living on Earth Host: Steve Curwood 89.7 WKSU | NPR.Classical.Other smart stuff. A Service of Kent State University