Connect with us

Ohio

Ohioans know what they voted for last November. Yost's legal fights don't change that. • Ohio Capital Journal

Published

on

Ohioans know what they voted for last November. Yost's legal fights don't change that. • Ohio Capital Journal


It was plain what Ohio voters approved last November with Issue 1. An overwhelming majority of Ohioans voted for a reset on abortion rights after relentless government assault on reproductive freedoms under the state’s patriarchal theocratic rule.

The consensus of 57% of the electorate was to enshrine the fundamental right to abortion in the Ohio Constitution.

Issue 1 also explicitly barred the state from directly or indirectly burdening, prohibiting, penalizing or interfering with access to abortion, and discriminating against abortion patients and providers.

It’s right there in the ballot language of the constitutional amendment voters said “yes” to last November. But now, Ohio Attorney General Dave Yost, who issued a legal analysis that largely stood against Issue 1 before it was approved by voters, argues Ohioans didn’t vote for what they did.

Advertisement

For months Yost has been doing his level best to legally obstruct implementation of the newly amended state constitution by maintaining the legitimacy of burdensome and discriminatory pre-Issue 1 abortion restrictions that clearly violate the letter of the law post-Issue 1.

He slow walks every single constitutional challenge to every single Republican statute still on the books that interferes with abortion access by erecting unnecessary government barriers between a woman and her right to an abortion.

Yost had the gall to contend that Ohio voters didn’t pass Issue 1 to block unnecessary government-mandated delays before patients are allowed to obtain abortions, or to eliminate government-mandated information (that is at least irrelevant and at worst distressing) prior to receiving care.

Yes. They. Did.

Yost cannot pick and choose, a la carte, which provision of the voter-mandated abortion rights amendment applies to unconstitutional restrictions that remain in the Ohio Revised Code.

Advertisement

But that’s what he’s trying to do in courtroom arguments to keep burdensome and discriminatory state abortion restrictions in force indefinitely, including the 24-hour waiting period for abortion patients – a medically unwarranted government mandate not applicable to any other medical procedure – plus separate, in-person visits for patients to be schooled in required anti-choice material designed to discourage abortions.

Yost and his fellow Republican theocrats like to intimate that childlike Ohioans who voted for Issue 1 didn’t fully understand what they were doing. The naïve majority who cast their ballots in favor of the amendment simply failed to grasp what it meant to the common sense abortion regulations Republican men had imposed on Ohio women.

Court filings by Yost’s office suggest gullible citizens thought a vote for Issue 1 would just give women the same abortion rights they had under Roe v. Wade. Never mind what the language added to the Ohio Constitution (and read by Issue 1 voters) actually said.

Yost analyzed that text at length last year before the November election in a disingenuous critique ripped by a former Ohio AG and AG candidate as “a biased hit piece that is intended to confuse voters and weaken support for the amendment.”

Yost concluded that all state abortion laws, such as the 24-hour waiting period and state mandated “informed consent” provisions, would likely be erased if the amendment passed. They “would certainly be challenged under Issue 1” and subject to the “exclusive scrutiny test” of the court as to whether or not they “burden, penalize, prohibit, interfere with, or discriminate against” the right to abortion, reasoned Yost.

Advertisement

The problem is, countered his peers, “no such standard of review exists in law – Yost has created it out of whole cloth to support his arguments.”

Yost was, wrote Marc Dann and Jeff Crossman, “deliberately misleading” with “hyperbolic claims and scare tactics.”

He was also revealing his fealty to partisan extremism over the public interest of truth-telling.

Today, Yost crafts his own textual interpretation of the changes Ohioans mandated in state abortion law and audaciously assumes what voters were thinking when they enshrined the right “to make and carry out one’s own reproductive decisions” in their constitution. It is obvious he does not respect the will of the people or acknowledge their sovereignty in self-governance.

Yost, ever the media hound, wants to attract attention as a courtroom combatant for the hard right. To that end, he will fight constitutionally protected abortion rights in Ohio with protracted litigation and frivolous appeals to subvert implementation of the law with whatever legal tool he has to keep Ohio women subjugated as second-class citizens.

Advertisement

Yost is fixated on is generating headlines and getting on TV. So he pursues partisan lawsuits with other Republican AGs to exploit MAGA wedge issues, especially concerning transgender equality, and files a slew of Trump-loving, regulatory-hating amicus briefs to the Supreme Court.

Ohio’s chief law enforcement officer waves off Trump’s 88 felony counts in four jurisdictions for charges ranging from “pervasive and destabilizing lies” about election fraud to illegally hoarding classified documents and falsifying business records in a hush money coverup to win the 2016 election. Yost appears guided by selective application of the law when it comes to the accused felon and presumptive presidential nominee of his party.

But Ohio’s AG is misguided if he thinks Ohioans are willing to concede that same selectivity when it comes to their hard-won constitutional right to reproductive freedom. They know what they voted for and so does Yost.

GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

Advertisement



Source link

Advertisement

Ohio

Leaders from dozens of states in Ohio to fight federal overreach

Published

on

Leaders from dozens of states in Ohio to fight federal overreach


COLUMBUS, Ohio (WCMH) — The Ohio Statehouse hosted a historic gathering of legislative leaders from across the country Monday, discussing concerns about the increasing power of the federal government.

Senate presidents and House speakers from about 40 states met in the chambers of the Ohio House of Representatives, unanimously adopting a nonbinding declaration for the restoration of federalism and state empowerment.

“The states are not instrumentalities of the federal government; the states created the federal government, the states created the constitution,” said Bryan Thomas, spokesperson for the National Conference of State Legislatures (NSCL), which organized the assembly.

In addition to the federalism declaration, the inaugural Assembly of State Legislative Leaders unanimously adopted rules and frameworks for future assemblies. These rules were submitted by a bipartisan steering committee made up of five Democrats and five Republicans. Likewise, the Assembly’s proposal process requires bipartisan support in order to get a vote.

Advertisement

“Coming from a blue state and minority [party] in the current federal government, it’s really important for us to find partners to work with,” Hawaii Senate President Ron Kouchi (D) said. “What better partners than our fellow legislators?”

Ohio Speaker of the House Matt Huffman (R-Lima) has been working to organize an assembly of legislative leaders to reassert the tenets of federalism for years.

“What we’ve done in the last 50 years or so, I don’t think that George Washington and Thomas Jefferson and John Adams would recognize,” Huffman said. “There are some things that the states do better and some things that constitutionally the states are required to do.”

According to Thomas, there are several specific issues where many states feel their power has been usurped by the federal government—particularly with regard to Medicaid policy.

“With changes to Medicaid coming down the pipe from Congress, what is the state role?” Thomas said. “What flexibility can states have in administering this program?”

Advertisement

“Medicaid is the Pac-Man of the state budget. It is costing the state more and more money each year, it’s completely unsustainable,” Ohio Senate President Rob McColley (R-Napoleon) said. “It’s necessary for us to have these conversations about Medicaid because every state’s dealing with the same challenges.”

The Assembly did not end up voting on a proposed declaration regarding Medicaid, which would have urged Congress to “avoid unfunded mandates” and assert that states should “retain the authority to customize eligibility, benefits, and delivery systems.”

Although Thomas said planning for the Assembly has stretched between presidential administrations, President Donald Trump has made several moves during the first year of his second term to assert federal authority over the states — most recently by signing an executive order limiting states’ ability to regulate AI, and attempting to pressure the Indiana state legislature into redrawing congressional maps.

“There’s no specific action here of the current administration or the past administration that spurred this,” Thomas said. “This is more about a real grounding in principles.”

“Anybody has the ability to voice their opinion or their concerns on a variety of these issues,” McColley said of Trump’s campaign to influence the Indiana legislature. “I think the administration is free to talk about it and be involved in the process.”

Advertisement

It is not clear when or where the Assembly will meet next, but Kouchi suggested a meeting could be held at July’s NCSL conference in Chicago. With a framework in place, Kouchi said he hopes the next assembly will get into the “meaty issues” concerning state legislative leaders.



Source link

Continue Reading

Ohio

Why Ohio State is built to ‘wake up and move on’ from a loss before the College Football Playoff

Published

on

Why Ohio State is built to ‘wake up and move on’ from a loss before the College Football Playoff


COLUMBUS, Ohio — Breathe in. Breathe out.

The dust has settled on Ohio State football’s last contest: a 13-10 loss to Indiana in the Big Ten Championship Game. Nearly 10 days have passed since the offensive line struggled to hold up, since the offense struggled to convert in the red zone and since the Buckeyes failed to accomplish one of their three major goals.

As is often the case at OSU, a loss is accompanied by anger, questions, concerns and aches.

“Sick to my stomach that we lost,” quarterback Julian Sayin said last week.

Advertisement



Source link

Continue Reading

Ohio

Columbus schools closed Monday, Dec. 15 after snowfall, cold

Published

on

Columbus schools closed Monday, Dec. 15 after snowfall, cold


play

Columbus City Schools is closing Monday, Dec. 15, after a weekend winter storm dumped more than 5.4 inches of snow on the region and cold temperatures descended.

Following the weekend snowfall, a cold weather advisory was issued for the area, to remain in affect across central Ohio through 11 a.m. Dec. 15.

Advertisement

It was 4 degrees at John Glenn Columbus International Airport at 8:30 a.m. Dec. 14, with a wind chill of 16 degrees below zero.

Late on Dec. 14, CCS posted it would close Dec. 15 “due to inclement weather.” See more school closings at NBC 4 or check back with the Dispatch throughout the morning.

This list will be updated as additional information becomes available. School districts are encouraged to send an email with any delays or closures to newsroom@dispatch.com.



Source link

Advertisement
Continue Reading

Trending