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.

Lehmans

Akron Children's Hospital

Greater Akron Chamber


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


JobsOhio lawsuit is thrown out on grounds of legal standing
Ohio Supreme Court will not rule on constitutionality of the public-private entity at this time
by WKSU's STATEHOUSE BUREAU CHIEF KAREN KASLER


Reporter
Karen Kasler
 
Judith French wrote the majority decision that two lawmakers and a liberal group have no standing to challenge JobOhio's constitutionality.
Courtesy of File photo
Download (WKSU Only)
In The Region:
The Ohio Supreme Court’s decision on JobsOhio does not say anything about whether the legislature’s creation of that public-private entity was constitutional. That question could not be answered until the court decided who had the legal right to ask it.
LISTEN: KASLER ON RULING

Other options:
Windows Media / MP3 Download (3:33)


The court ruled 5-2 that Progress Ohio and two Democratic state lawmakers have no personal stake in the outcome and so cannot challenge the law that created JobsOhio. They had argued that they did have the right to sue for several reasons, one of them being that they're taxpayers.

Jonathan Adler is a professor at Case Western Reserve University School of Law, and he says the court’s decision is the right one.

“If you have broad taxpayer standing or even broader public-rights standing, as has been argued by the plaintiffs here, you basically allow for every political dispute to become a judicial dispute," Adler says. "And that’s corrosive both to our political system and to the judicial process.”

A question of standing
The question of legal standing has come up in several cases, including one before the Ohio Supreme Court that was waiting on this ruling. It is a lawsuit over Gov. John Kasich’s decision to allow video slot machines at horse-racing tracks and was filed by the conservative Ohio Roundtable. David Zanotti is the president.

“We have a great amount of sympathy for the folks at Progress Ohio because standing is a very serious question, and we respect the questions that Progress Ohio is bringing to the table," Zanotti says. "And those questions really have to do with accountability in government, and what happens when one branch exceeds their constitutional authority.”

Who has standing?
The majority justices said their decision does not mean no one has standing, and that there are several people and groups that were identified in the case who could potentially bring a claim against the law. And the justices write that the courthouse doors are open to them. But Zanotti is concerned about how they might determine what defines an injured party in a given challenge to a state law, policy or constitutional issue.

“So the question of standing becomes you have to be uniquely harmed, or concretely harmed, or they add all these adverbs to the nature of harm -- and say that the courts exist to permit standing only to people that have unique, concrete, specific, verifiable, whatever terms in regards to standing," Zanotti says.

But Adler says the decision may not have that long a reach.

“There’s no one who had standing before this decision that’s going to lose it as a result," Adler says. "But on the other hand, various individuals or groups would have had trouble establishing standing before this decision, the decision is not going to help them either.”

Minority Dissent
Justices Paul Pfeifer and William O’Neill broke with the majority, which is not much of a surprise to many court watchers given their pointed questions during the arguments in the case in November.

Pfeifer’s dissent includes some strong words for his colleagues in the majority, and noted that this is the third time the court has been asked about the constitutionality of JobsOhio. Though the majority writes that Pfeifer is incorrect, he says this decision ensures they will not ever answer it. He also writes, “Ohioans will never know whether their government is violating the Constitution. Apparently, they do not deserve to know.”

O’Neill, the only Democrat on the court, writes that hundreds of millions of dollars are being funneled into a dark hole, and “it is simply shameful that the court refused to do its job.”

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

Ohio Supreme Court hears arguments on who should be paid minimum wage
Just a correction for your story: The trial court sided with the owners. The court of appeals sided with the sales reps.

Husted defends the use of "monopoly" in the wording of Issue 3
Jon, Give me a break. Why don't you concentrate your efforts on other issues to make Ohio a better place to live. Your comments about monopolizing the marijuana...

The Sierra Club is launching ads against Ohio's U.S. Sen. Rob Portman
“'I don’t know what the ad’s going to say. But I hope it’s truthful,' said Portman." This from a man who voted "no" last winter on a Senate resolution s...

Ohio Republicans protest the loss of Mt. McKinley
I believe the U.S.gov't. was overstepping its bounds by renaming a mountain that belongs to Alaska. How would we like it if Alaska (or any other state) telling ...

Pluto: University of Akron cuts baseball - should football be next?
remember when akron and Youngstown state were both in the ovc. As a Morehead State fan, made trips to both schools and had a wonderful experience. Played Akron ...

Ohio to aid young adults who age out of foster care
I think it's a great idea. I worked for an at risk high school and it was really sad to see the amount of kids who had no where to go because they had aged out...

Could University Circle developments ripple into East Cleveland?
Outsiders are so far off the beaten path and you all need to attend the meeting being held today 8/31/15 Cleveland Public Library, 1:00 PM. http://44112news.co...

ResponsibleOhio leader says the state is trying to set Issue 3 up for failure
Ohio suppose to believe that a group of investors were united under one cause to legalize marijuana.Once legal they all of sudden turn into 10 different compani...

Terry Pluto: U of A's new athletic director has the toughest job in town
It is a hard sell. The Students do not want to go to the football games and they do not want to pay for the program. They have a lot of student loan debt and t...

Akron considering the future of the B.F. Goodrich smokestacks
This BFGoodrich alumna says, "Thank you, Dave Lieberth!"

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