The Ohio Supreme Court has formally accepted an appeal by Ohio Attorney General Dave Yost in a case involving the state’s six-week abortion ban.
The court announced on Tuesday morning that it will only consider two of the three legal issues Yost asked the court to consider: whether he has the right to appeal a lower court’s decision to put the heartbeat law on hold and whether abortion clinics have “standing” or the legal authority to challenge the law in the first place.
Ohio Supreme Court Chief Justice Sharon Kennedy assigned Matthew Byrne, a Twelfth District Court of Appeals judge, this week to preside over a state appeal of a preliminary injunction on Ohio’s abortion law.
Byrne takes over for newly appointed Ohio Justice Joe Deters, who recused himself after the abortion clinic plaintiffs argued that he couldn’t rule on the state’s heartbeat bill ban because he was an original defendant on the case when serving as Hamilton County Prosecutor.
The Ohio Supreme Court ruled Thursday that the city of Cleveland is not required to repay $4.1 million to drivers who improperly paid traffic-camera tickets between 2005 and 2009 due to the motorists paying the fines without contesting them.
A number of drivers who got traffic-camera tickets but did not own the cars they were driving filed a class-action suit in 2009, alleging that the city of Cleveland had unfairly retained the fine money from persons who drove leased, rented, or utilized a vehicle that belonged to their employers. The claimants requested refunds of $4,121,185.89 and an additional $1,842,563.51 in interest.
Governor Mike DeWine has appointed Republican Hamilton County Prosecutor Joe Deters to fill a vacancy on the Ohio Supreme Court.
Deters will fill the seat that Justice Sharon Kennedy is vacating at the end of the year to replace Maureen O’Connor as Chief Justice. O’Connor is stepping down at the end of the year due to Ohio’s age limit for judges. One may not run for a seat on any Ohio court if one is more than 70 years of age. This limit often forces the retirement of long-time justices.
Richland County Juvenile Court Judge Steve McKinley will meet Wednesday with Governor Mike DeWine’s chief legal counsel to discuss a vacancy on the Ohio Supreme Court.
According to McKinley, as an Ohio Supreme Court justice, he would define the state constitution “reasonably and in accordance with our tradition … protecting individual rights and the separation of powers.”
Ohio Governor Mike DeWine plans to fill the seat on the Ohio Supreme Court by announcing his appointment by the end of the year.
DeWine said it’s critical for the new justice to be named by the end of the year so that they can start right away.
The Ohio Supreme Court ruled Tuesday morning that revenue earned by NASCAR from selling the rights to broadcast stock car races and merchandise to Ohio fans is not subject to state business taxes.
In a unanimous decision, the Supreme Court rejected the Ohio Tax Commissioner, Jeffrey McClain’s, order that NASCAR owes the state almost $550,000 for money earned from broadcasting races, online marketing, and sponsorship fees.