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.

Akron General

Metro RTA


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 cases include a lot of "wait 'til next year'
But the state high court did clear the way for Medicaid expansion to hundreds of thousands of Ohioans
by WKSU's STATEHOUSE BUREAU CHIEF KAREN KASLER


Reporter
Karen Kasler
 
Low-profile, but important cases, made up the Ohio Supreme Court caseload this year.
Download (WKSU Only)
In The Region:

There weren’t a lot of attention-getting cases before the Ohio Supreme Court in 2013. But as Ohio Public Radio’s Karen Kasler reports, the ones that did make news were big.

LISTEN: The really big cases before the Ohio Supreme Court

Other options:
Windows Media / MP3 Download (3:19)


The year started out with a case that seemed to have major implications on freedom of speech and religion in schools. Eighth-grade science teacher John Freshwater was fired in 2008 for keeping a Bible on his desk and a poster featuring a Biblical verse on the wall after he was ordered to remove them from his classroom.

Faith or insubordination?
David Smith argued for the Mt. Vernon City Schools and told the Ohio Supreme Court in February that Freshwater’s actions – or inaction – was insubordination. 
“The principal had directed Mr. Freshwater to remove objects and he didn’t.” 

But Freshwater’s lawyer Rita Dunaway had argued that her client was teaching supporting and opposing views on evolution, and that’s what got him fired. 

“Here you have an ad hoc, non-policy based termination that is censorship and manifests religious hostility.”

The justices ruled the school district did infringe on Freshwater’s First Amendment rights by ordering him to remove his personal Bible, but said he was insubordinate for keeping the poster and other items. But the court did not rule on whether Freshwater was unconstitutionally teaching his religious beliefs, which dissenting Justice Paul Pfeifer said disappointed him.

Medicaid expansion gets the high court's blessing
When fellow Republicans in the Statehouse balked at expanding Medicaid, Gov. John Kasich turned to the state Controlling Board -- a panel of six lawmakers and his budget advisor. It OK'd the expansion, and conservative Republicans took that decision to court. It claimed the Controlling Board had overstepped its authority. But the supreme Court sided with the governor, and the expansion is about to begin.

The company car and child support

A few months later, the justices ruled on another big case – saying that employer-provided benefits such as a car, insurance, cell phone or even Ohio State football tickets should be included in calculating child support payments. Jeffrey Morrow of Medina had wanted to reduce his child support payments when his income dropped in 2009. But Tom Morris, representing Morrow’s ex-wife, told the court in arguments in June that benefits such as an employer provided car should count. 
“If you are given one to use at your discretion, then it absolutely should count because those are dollars that you do not have to spend on your own vehicle.”

Still coming up
In the coming months, the court is expected to rule on whether the state’s child enticement law is too broad, whether the city of Cleveland had the right to arrest peaceful protestors in who didn’t have a permit to congregate on Public Square.

And there is likely to be a ruling on arguably one of the biggest cases of the year – whether Progress Ohio, the conservative Ohio Roundtable and two Democratic state lawmakers have standing to sue regarding JobsOhio.

Both sides got the question:  “Who has standing to sue the state in a case like this?” Maurice Thompson of the 1851 Center for Constitutional Law, a conservative group, argued for Progress Ohio, and said potentially anyone in the state does. 
“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.”

But state deputy solicitor Steven Carney said Progress Ohio’s argument is dangerous and goes against years of established case law.

“They want you to throw away all that precedent, let everybody sue, as long as it’s a constitutional challenge. That’s their only limits.”

If the court sides with Progress Ohio, that could open the door for a final ruling on whether JobsOhio was a constitutionally-created entity.

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

Cuyahoga Valley National Park OK's sharpshooters to thin deer herds
In this article you mention that the Mule Deer Foundation is a "hunting group" in reality the Mule Deer Foundation is a conservation group that is over 25 years...

Clarence Bozeman: In the driver's seat of history
I believe he was a teacher of mine as James Ford Rhodes. My favorite teacher of all time! Loved learning this part of his amazing history.

Cleveland RTA is moving Public Square bus stops beginning this week
I am very confused. Why are you taking one or more of the park and ride 246 out of service in the morning. I looking over the new schedule I see that there ar...

Canton school board will vote Wednesday on its high school merger
Great to see that THE REPOSITORY is advising a 'no' vote for now! Another point, besides all the Very accurate points already made against this move is the fac...

Some parents opting their students out of Common Core test
I am an 8th grader at a school in Allen County. I have just recently taken the ELA performance based assessment and found it extremely difficult. It asked me a ...

Fallout from the Ohio Supreme Court Munroe Falls ruling
The comment by Nathan Johnson from OEC is confusing. Instead of cities being 'emboldened' to craft zoning laws that were just stricken down by this ruling, comm...

Stopping sediment dumping in Lake Erie
Ah, yes, the Army Coro of Engineers, the geniuses that designed the levee system in New Orleans that has made the flooding worse due to no sediment reaching the...

Ohio charter school critic says reform bills are a good step
The cold truth is that these charter schools are offering services beyond the what the state tests can guage. Parents and students have a choice and they are ch...

State law trumps restrictions on oil and gas drilling in Munroe Falls
Justice O'Neill's quote brings up a point I wish WKSU would address: since, unlike for Federal judges, our judges here in Ohio are elected, and therefore respo...

Ohio Supreme Court invalidates local fracking bans
If Ohio has their way, Fracking Wells will be planted in the courtyard of every town. That is if the State of Ohio can profit by it...for more on how the court ...

Copyright © 2015 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