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.

Meaden & Moore

Area Agency on Aging 10B, Inc.

Genie of Fairview Door Company


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
Crime and Courts


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

Seven minutes changed everything, but what changed Ashford Thompson?
He shot the guy four times in the head. I have never been that drunk or mad, and I have been through it. Shoot a guy once is bad, maybe a mistake, shoot a guy f...

First cricket farm in the U.S. opens in Youngstown
I am interested in cricket flour to replace soy flour in a low carbohydrate diet. As soon as you have cricket flour available for the average person, please le...

New process starts digesting sludge in Wooster
Awesome! When do our sewage rates decrease accordingly?

Akron's Chapel Hill Mall in foreclosure
Not a surprise. Between the shoplifting, gangs and violence that goes on up there it is no wonder that no one feels safe to shop at Chapel Hill. They have sca...

Ohio launches investigation into at least one Concept charter school
I worked at Noble Academy Cleveland as admin assistant and enrolment coordinator for 6 years, I know this is so valid and true and can provide staff names and p...

Crisis looms in filling aviation industry jobs in Ohio and the nation
I listened to this story yesterday morning on the radio and just want to add this comment. My son went to school to train as an air traffic controller, and gra...

Cuyahoga Valley National Park considers fire to fight invasives
I'm for the controlled burn. There are not enough people (myself included) who volunteer for the removal of invasive plant species. Therefore, another solution ...

Remembering Cleveland music impresario Hank LoConti
The picture here is not the original Agora. It is the old WHK studios where the Agora moved into.

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