Another Blow: Ohio Supreme Court Strikes Down Liberal’s Obamacare Suit
- Posted on August 12, 2011 at 2:20pm by
Jonathon M. Seidl
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COLUMBUS, Ohio (AP) — Opponents of a federal health care overhaul scored a key legal victory on Friday that should clear a proposed ballot measure for a fall vote.
The chance for voters to reject portions of insurance changes championed by President Barack Obama will appear Nov. 8, alongside a ballot issue seeking to repeal a contentious re-write of Ohio’s collective bargaining law. One is expected to bring out Republican-leaning voters and the other is expected to bring out Democrats in a state closely divided along political lines.
In a unanimous decision Friday, the Ohio Supreme Court rejected a liberal policy group’s lawsuit challenging certification of the so-called Health Care Freedom Amendment on the grounds petitions carrying 69,000 signatures were flawed.
ProgressOhio executive director Brian Rothenberg argued that Secretary of State Jon Husted counted signatures on petitions that contained technical errors, including the way paid circulators listed their employment.
Husted, a Republican, argued the challenge revolved around petitions carrying extra information, a practice government should not discourage.
Justices said the secretary of state is “entitled to deference.”
They found that Rothenberg’s charges lacked legal merit, noting “even if his challenge had substantive validity, Rothenberg’s evidence is insufficient to establish that the part-petitions do not have enough signatures.”
Backers of the measure lauded the decision. Ohioans for Healthcare Freedom campaign manager Jeff Longstreth said it will allow “voters to have a choice this fall if healthcare decisions should be made by patients and doctors or politicians in Washington, D.C.”
Husted announced July 27 that the coalition of tea party organizations and other groups behind the measure that submitted 427,000 valid signatures, well over the roughly 385,000 needed to get the amendment on the Nov. 8 ballot.
The proposed amendment to Ohio’s Constitution would keep people from being required to buy health insurance or face penalties. The federal mandate would go into effect in 2014, when new competitive insurance exchanges are scheduled to open.
Opponents say the federal government is overreaching by requiring individuals to purchase a product. The Obama administration counters that Congress’ power to regulate interstate commerce squares the constitutionality of the mandate.
Rothenberg said ProgressOhio was hindered from fully reviewing all the submitted petitions because 40 percent of Ohio counties refused to respond to a public records request in the time allotted for review.
“Ohioans will now have a choice – to return to the days when children were denied insurance coverage over pre-existing conditions; return to the days when seniors have to choose between prescription drugs and groceries; return to the days when young adults can’t stay on their parents insurance and return to the days when small businesses did not get tax breaks for providing insurance,” he said in a statement. “This fall ‘no’ will be a beautiful word.”
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Comments (67)
Jack2011
Posted on August 12, 2011 at 5:02pmMitt Romney DEFENDED YESTERDAY during the debates the right of state government to FORCE its residents to buy GOVERNMENT health insurance.
Barrack Obama DEFENDS the right of federal government to FORCE its residents to buy GOVERNMENT health insurance.
ANYONE who votes for either Obama OR Romney might as well CRAP ON THE CONSTITUTION.
Obama/Romney 2012 Ticket
Report Post »They are BOTH losers who do NOT believe in the Constitution so they should run together.
vennoye
Posted on August 12, 2011 at 5:36pmCompany I worked for had employees in Mass when Romneycare was set up. A fifth grader could have told you that it was going to cost the state lots of money. If he was unable to set up a state plan, sure do not expect him to be able to take care of the problems the US has now.
Report Post »michael48
Posted on August 12, 2011 at 5:57pmget ready for another Oblamo TELE-TANTRUM…um…um…um…nothing like hearing a Diaper Don Harvaaaaad CRYBABY…WHALE..WAAAAAAAAA…what a goofis-tard!!!!!!!!!!!!!!!!!!!!!
Report Post »adamic
Posted on August 12, 2011 at 6:35pmThe tates do have the right depending on the states constitution. You need to educate yourself before making false accusations.
Report Post »I Love Howie Carr
Posted on August 12, 2011 at 7:10pmRomney = Obama light. We deserve better.
Report Post »HellPhish89
Posted on August 12, 2011 at 11:16pmlook into romneys record… hes a fully white obama
Report Post »TelepromoterNChief
Posted on August 12, 2011 at 4:59pmDid Obama actually signt he right healthcare into law or did he missign?
Report Post »Presidential robo-pen could of signed the correct law and the courts have been wasting their time on this one.
Afterall, what he signed was so he could see what was in it.
commonsenseguy
Posted on August 12, 2011 at 4:58pmthey challenged on the grounds of technical flaws, well now ain’t that the kettle calling the pot black, they did not have a problem when the write in in Alaska { jankowski } won her reelection bid when most of them we’re flawed ,they fought to stop the appeal of the recount on the grounds that most could not write well or even sign their own names, so in other words, just because they could not spell jankowski name they still could be counted because they at least attempted to spell it right, so i guess that turn around is fair play, the left does not mind playing games, but when they lose at they’re own game, they get peeved, they act like two year old‘s when they don’t get they’re way,and throw a fit,o well, fair is fair, you got beat at your own game,now they will try to change the rules in the middle of the fourth quarter.
Report Post »Fool
Posted on August 12, 2011 at 4:58pmAll BO is saying is GIVE PEAS A CHANCE…
Report Post »Your Name Here
Posted on August 12, 2011 at 11:26pmThere, Their & They’re: They’re going over there to get their welfare checks.
Once I can over look, twice I have to point it out.
“I‘m just sayin’…”
Report Post »tankyjo
Posted on August 12, 2011 at 4:53pmYes , thank God. Still a long road ahead, but nice to get some good news.
Report Post »mtnhimike
Posted on August 12, 2011 at 4:49pmIs this a Great Country or What ? What say you Obama ? Make another speech and blame Bush and those rascal Tea Party folks.
Report Post »one years food ration like glenn says
Posted on August 12, 2011 at 4:57pmDo you get it yet Mr. Keynesian ?
Report Post »Shawn-GA
Posted on August 12, 2011 at 4:44pmMatthew 7:12
“All things therefore whatsoever ye would that men should do unto you, even so do ye also unto them: for this is the law and the prophets.”
Report Post »stefooch
Posted on August 12, 2011 at 4:43pmHooooorah! We‘ve been working hard here in Franklin County and all around the State for today’s victory. Additionally, we have a federal smackdown on the individual mandate. Y’all…today is a good day!!
Report Post »Pastor Ray
Posted on August 12, 2011 at 8:28pmYeah but everyone in Ohio knows that everything ends at the Franklin County Line…
Report Post »rumpleforeskin
Posted on August 12, 2011 at 4:32pmhehehehehehheeheheh. Take that Barry! Take that Nancy! Thank you Ohio! NOBAMA! Is this a great country or what?
Report Post »Brad Wesselmann
Posted on August 12, 2011 at 4:41pmThe name is killin’ me, hahaha!!
Report Post »Snowleopard {gallery of cat folks}
Posted on August 12, 2011 at 4:18pmGet rid of Obama-care completely; each and every time we turn around we see that the monster has more and more suprises within the shadows than most people can find even with the most detailed of searches.
Report Post »The10thAmendment
Posted on August 12, 2011 at 4:51pmExacxtly. Some say that it would cost American taxpayers anywhere between 3 – 5 billion dollars to sink the entire communist legislation known as Obamacare. That‘s pocket change in comparison to the trillions that this parasitic plot to destroy Free Enterprise and the Republic’s way of life. Including personal Liberties washed out.
Today in Columbus was a win, and another win in the Appeals Court citing the Un-Constitutional mandate of the Law.
We’ve “just” began to fight back. Obama and his minions can try to stir this into a racially charged epic, but he will fail in that as well. While the NAACP and Panthers have been carrying out their hate mongering campaign, so too have we in the Young Black Conservative movement been working to counter their efforts to incite racial violence as a means to an end that enslaves the American people into totalitarian dictatorship. Which is the most vile form of slavery.
We are winning this war people, but the conflict is still ongoing. Unite to stand against the tyranny of the elite.
Report Post »Dinkiecb
Posted on August 12, 2011 at 5:44pmWhile your getting rid of Obama Care… Get rid of the jackas* that wanted it to begin with along with his dipweed followers in congress
Report Post »fatjack
Posted on August 13, 2011 at 1:45pmIt will take decades to find and scrub the insidious socialist laws/deeds the progressives have done, if ever.
Report Post »ROMANS 10-9
Posted on August 12, 2011 at 4:12pmKeep Praying Constitutional Patriots!
Report Post »bharris0
Posted on August 12, 2011 at 7:10pmamen !
Report Post »abbygirl1994
Posted on August 12, 2011 at 4:12pmThank you God for hearing our prayers… I knew you were listening all the time!! I my faith is restored.. God Bless America!
Report Post »Brad Wesselmann
Posted on August 12, 2011 at 4:42pmNow maintain it…we are not out of the woods just yet! :-)
Report Post »fatjack
Posted on August 13, 2011 at 1:51pm2 Chronicles 7:14 If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land.
Report Post »truenuff
Posted on August 12, 2011 at 4:10pmHa!I choose between groceries and prescription drugs.II do not have much money to pay for groceries,and my health insurance permium is about $300 a month.I wish government and private companies would do as the Bible says“do unto others as you would have them do unto you”.Now would you as a christian insurance owner or doctor charge rates that improvish the public?how about you christian offical in government,would you force someone to have health insurance,or impose by force rules that increase the cost of insurance on the insurance owner or doctor,hospital?making everybody have “equal”health insurance will make many miserable(except for the fortunate).I do not make health insurance my false God,where I worry about it.I accept it that I will die someday,my reliance is on God,with or without health insurance.The reason why our ancestors a century ago were more religious,was because there were forced to,as having no insurance,makes on look to God more.But if you replace manditory health insurance for everyone,then less people will look to God for help.This is what happened to Britain,since 1949,when health insurance became universal.I know it can be scary without health insurance.why don’t we have rotational health insurance coverage,where federal,state or local government or union members insurance coverage rollover to someone less fortunate,every other month?why not have federal,state,local gov’t,unions sacrafice“for the common good”?for someone else every other month
Report Post »ROMANS 10-9
Posted on August 12, 2011 at 4:14pmWhere in the bible does it actually say, Do unto others as you have them do unto you???
Exactly what scripture is that?
Report Post »RBaerwalde
Posted on August 12, 2011 at 4:39pmMatthew 7:12 and Luke 6:31.
Any other questions?
Report Post »Greenwood
Posted on August 12, 2011 at 4:42pm@ROMANS 10-9 …………..It’s called the Golden Rule,……… Matthew 7: 12 “All things, therefore, that you want men to do to you, you also must likewise do to them; this, in fact, is what the Law and the Prophets mean. With a name like Romans 10 9 you should know………………
Report Post »Brad Wesselmann
Posted on August 12, 2011 at 4:45pmMark 12
29 “The most important one,” answered Jesus, “is this: ‘Hear, O Israel: The Lord our God, the Lord is one.[e] 30 Love the Lord your God with all your heart and with all your soul and with all your mind and with all your strength.’[f] 31 The second is this: ‘Love your neighbor as yourself.’[g] There is no commandment greater than these.”
Report Post »Shawn-GA
Posted on August 12, 2011 at 4:46pmAll things therefore whatsoever ye would that men should do unto you, even so do ye also unto them: for this is the law and the prophets.
Matthew 7:12
Report Post »Greenwood
Posted on August 12, 2011 at 4:49pm@RBAERWALDE……………..Thanks, I forgot about Luke 6: 31 Which is similar
Report Post »Conservative Queen
Posted on August 12, 2011 at 4:50pmRomans 10-9
Report Post »Matthew 7:12 – “Do to others whatever you would like them to do to you. This is the essence of all that is taught in the law and the prophets.
Luke 6:31 – “Do to others as you would have them do to you.”
olddog
Posted on August 12, 2011 at 4:10pmObamacare was passed totally by liberals behind locked doors. Honestly do people on the left think this is the way to run this country? If so what should the right do when totally in charge? And that day is coming very soon….As far as Mitt Romney, has anyone EVER heard of a conservative from Mass.???
Report Post »sWampy
Posted on August 12, 2011 at 4:10pmOne last time, insurance with out preexisting conditions exceptions isn’t INSURANCE.
Report Post »hauschild
Posted on August 12, 2011 at 4:09pmI can hear the Marxist right now muttering, “Man, what’s with Americans and the Constitution???”
Report Post »Tickdog
Posted on August 12, 2011 at 4:01pmIt gives me a warm fuzzy feeling!
Report Post »Ironmaan
Posted on August 12, 2011 at 4:00pmREJECTED!!! Finally the courts are getting one right!!
Report Post »Jediusetheforce
Posted on August 12, 2011 at 3:56pmWere coming for you Hobo(obama) next. Don’t worry we will ring the bell before we enter.
Report Post »ramburner
Posted on August 12, 2011 at 3:53pmChoice is what is important, not a demand by the all powerful Potus, who only has his best interest at heart and not the public’s. As once was said; “give me liberty, or give me death”!
Report Post »Gary S
Posted on August 12, 2011 at 7:42pmThat would Nathan Hale, after being sentanced by the Brits to die. My wife is a relative.
Report Post »stinkybisquit
Posted on August 12, 2011 at 3:52pmWe did something right for once!
Report Post »burr99
Posted on August 12, 2011 at 3:52pmThanks goodness the voice of reason is finally heard! Strike it down in vote Ohio! Show the rest of the country that Obamacare = Obamacrap.
Report Post »GENEPAGLIARI
Posted on August 12, 2011 at 3:51pmANOTHER NAIL IN THE COFFIN. Please, LORD, let it continue.
Report Post »Constructionist
Posted on August 12, 2011 at 3:48pmGo Bucks.
Report Post »Jim in Houston
Posted on August 12, 2011 at 3:46pmThe news for OweBlamer just gets better all the time. Couldn’t be happening to a more deserving individual.
Report Post »Living In NYC
Posted on August 12, 2011 at 3:45pmShoot I just moved out of Ohio two years ago….Way to go Ohio!!!
Ohio just show this Marxist President “WE AREN’T GOING TO TAKE IT ANY MORE”
We are returning to the “Land of the Free and Brave” instead of “Obama’s World of Freeloading and Regulation”
Report Post »Living In NYC
Posted on August 12, 2011 at 3:54pmI am so excited I’m getting a Big Mac Meal and Super Sizing it…“The Witch and Warlock are dying”!
It’s like going from the nightmare of Oz back to Kansas!
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