It wasn’t a surprise.
Because any court that tells us that “boneless” means “with bones” is willing to do just about anything.
Still, the Ohio Supreme Court’s decision last night upholding Frank LaRose’s deceitful ballot language manipulation for Issue 1 is still as outrageous as it gets.
Recall that Issue 1 bans partisan gerrymandering, and would replace rigged maps currently in place (which were drawn by gerrymandered politicians) with maps drawn by a tri-partisan panel of citizens.
Then recall that LaRose’s Orwellian ballot language literally creates the impression that the opposite would happen if issue 1 passes. Among other things, the language falsely suggests that Issue 1 requires gerrymandering, and that the maps being replaced were the ones drawn by citizens. It’s an egregious lie, being placed right on the ballot that Ohio voters use to vote. A true abuse of power.
Well, last night, the Ohio Supreme Court gave a green light to almost every aspect of that misinformation disguised as ballot language.
You can read the entire opinion HERE.
But rather than waste your time, let me quote the powerful dissents put forth by Justices Donnelly and Brunner, joined by Justice Stewart. (Justices Stewart and Donnelly are both up for reelection).
Justice Donnelly:
“The proponents of the proposed constitutional amendment in Issue 1 believe that the foxes are guarding the henhouse, so they want a changing of the guard. Respondents, Secretary of State Frank LaRose and the Ohio Ballot Board, have chosen ballot language that tells Ohio voters that the amendment would burn down the henhouse….”
“The majority extracts [] terms and concepts, divorces them from all context, assigns whatever meaning it finds most acceptable, and shoves each one back into its original context to allow for ballot language that is clearly contrary to both the letter and the spirit of the proposed amendment. This kind of interpretive mischief might be excusable for someone like Amelia Bedelia but not for a state court of last resort….”
“Chief Justice John Roberts of the United States Supreme Court famously distilled the notion of impartiality down to the role of an umpire in America’s favorite pastime—baseball—whose job it is “to call balls and strikes.”… If your favorite baseball team loses after an umpire calls a strike and the pitch was squarely inside the strike zone, it is reasonable to be disappointed about your team, but it is not reasonable to be outraged at rules being fairly applied. If a game is won or lost when an umpire calls a strike but the pitch clearly skidded on the ground in front of home plate, you should be outraged no matter which team was at bat….”
“Given that the four members of this court in the majority today apparently think that the word “ ‘boneless’ ” means “ ‘you should expect bones,’ ”I’m sure it comes as no great surprise that they think that a constitutional amendment to “ban partisan gerrymandering” means to “require[] gerrymander[ing].” While the majority’s Amelia Bedelia approach to the law and the absurdity of the majority’s conclusions might make you laugh, it should also make you outraged. Everyone should be outraged by today’s decision, regardless of whether one thinks the proposed constitutional amendment is a wonderful idea, a terrible idea, or anything in between….”
Justice Brunner:
“The majority opinion reflects an abject failure of this court to perform an honest constitutional check on the ballot board’s work. We should be requiring a nearly complete redrafting of what is perhaps the most stunningly stilted ballot language that Ohio voters will have ever seen. The ballot board’s actions, endorsed by a majority of this court, leave any objective observer scratching their head and asking, “Who’s in charge here—Ohio’s people or its politicians?”—which ironically is the essential issue the proposed constitutional amendment seeks to address….”
“Compounding the ballot board’s playing politics with the fundamental right of Ohioans to self-govern is this court’s majority’s complicity in allowing the ballot board’s language to be presented to Ohio’s voters. Ohioans have all political power reserved to themselves. And that power is not subordinate to the power of their elected officials but, rather, is denoted in the Constitution as inherently belonging to them. See Ohio Const., art. I, § 2….”
“Even when those elected and appointed officials deem unwise a proposal like the one before us today that takes back power from them, those public servants are duty-bound to fulfill their sworn oaths and present the proposal fairly to Ohio voters.
What the ballot board has done here is tantamount to performing a virtual chewing of food before the voters can taste it for themselves to decide whether they like it or not. Elected leaders may not taint a proposal in an effort to persuade the voters to like it or dislike it. That is why the Constitution forbids ballot language that “mislead[s], deceive[s], or defraud[s] the voters,” Ohio Const., art. XVI, § 1….”
“The proposed amendment aims to end in Ohio the practice of powerful government officials drawing legislative lines that effectively entrench their own political power at the expense of fair electoral competition…..Ohio voters deserve accurate information so that they will know what they are being asked to vote on. This court’s role is to ensure that the ballot language for the proposed amendment is not misleading, deceiving, or defrauding. The unwillingness of a majority of this court to act constitutionally fails Ohio voters.”
Do Something!
Folks, these dissents received three votes. But were outvoted by the four Republican Justices who upheld a ballot full of deceitful language.
As long as they maintain that 4-3 majority (or worse), we essentially have no rule of law in the State of Ohio. The corrupt politicians can do whatever they want.
Do you want those three justices to become a majority in less than two months? Because it’s up to us!
If so, as I wrote yesterday, PLEASE help Justices Donnelly and Stewart succeed in their re-election efforts. And help Judge Lisa Forbes win her race. If all three win, we FLIP THE COURT.
Please give what you can to their efforts. (We raised almost $10K to support them just yesterday….please keep it going):
And Vote Yes on Issue 1 — counter to the misleading ballot language, it will BANISH partisan gerrymandering once and for all (as long as we elect an Ohio Supreme Court that will respect the will of the voters and the rule of law.) And it will fire the corrupt politicians from the process.
Please DONATE HERE to help flip this court from the current majority to a fair court that will respect the law and the will of the people.
Then share this email so others do the same.
Thank you.
BREAKING: Ohio Supreme Court OK's Blatant Ballot Manipulation