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DeWine: Decision trumps Ohio law (Freedom Amendment)
http://www.toledoblade.com ^ | 6/29/2012 | JIM PROVANCE

Posted on 06/29/2012 10:52:07 AM PDT by Whenifhow

COLUMBUS -- Opponents of the federal health-care law upheld by the U.S. Supreme Court cannot use the Ohio Constitution to stand in the way of its implementation here, the state's top lawyer said on Thursday.

Republican Attorney General Mike DeWine, who joined the multistate challenge to the law after taking office last year, said a state constitutional amendment overwhelmingly approved by voters last year cannot trump federal law.

"You certainly cannot override what the United States Supreme Court did today," he said.

Maurice Thompson, director of the 1851 Center for Constitutional Law, wrote the state constitutional amendment that generally prohibits government from forcing Ohioans to participate in a health-care system or imposing related penalties on them if they don't. It was added to Ohio's Bill of Rights.

He said Thursday he will use that amendment as grounds to sue the state to, among other things, prevent Ohio from taking steps here to create an insurance exchange as mandated by the law.

snip

"Far be it from us to have Mitt Romney as our last best hope, but if he were to prevail, we could stop Obamacare that way," Mr. Thompson said. That would assume, however, that Republicans would also take control of the U.S. Senate from Democrats.

snip

"The Ohio constitutional amendment is still in effect," he said. "It prohibits Ohio from passing a health-care plan for the state of Ohio."

snip

"The standard rule is that state law cannot trump valid federal law, and the Supreme Court just ruled that the individual mandate and most of Obamacare is valid federal law," he said.

(Excerpt) Read more at toledoblade.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: freedomamendment; obamacare; ohio; repeal; sourcetitlenoturl

1 posted on 06/29/2012 10:52:21 AM PDT by Whenifhow
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To: Whenifhow

I though the court said that States could opt out.


2 posted on 06/29/2012 10:55:59 AM PDT by Perdogg
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To: Whenifhow; ADemocratNoMore; Akron Al; arbee4bush; agrace; ATOMIC_PUNK; Badeye; Bikers4Bush; ...
Ohio Ping!
To be added to the Ohio Ping List, please freepmail (works best), all three of us, LasVegasDave, Flutters and Whenifhow.

3 posted on 06/29/2012 10:57:21 AM PDT by Whenifhow
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To: Whenifhow
"You certainly cannot override what the United States Supreme Court did today," he said."

Massive resistance to tyranny is the duty of every American.

4 posted on 06/29/2012 10:58:03 AM PDT by fieldmarshaldj (If you like lying Socialist dirtbags, you'll love Slick Willard)
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To: Whenifhow

Attorney General Mike DeWine is RINO fool.


5 posted on 06/29/2012 10:58:32 AM PDT by vortigern
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To: Whenifhow

Nonsense! Governors need to tell the feds to get lost. Nullify this horrible bill now!


6 posted on 06/29/2012 10:59:28 AM PDT by Pining_4_TX ( The state is the great fiction by which everybody seeks to live at the expense of everybody else. ~)
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To: Perdogg
"I though the court said that States could opt out."

I believe the option only applied to the expanded Medicaid funding, and I doubt any governor or legislature would refuse additional manna from DC.

7 posted on 06/29/2012 11:00:42 AM PDT by buckalfa (Nabob of Negativity)
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To: Pining_4_TX

Ohio passed the Health care freedom amendment

Health Care Freedom Amendment
http://www.legislature.state.oh.us/res.cfm?ID=129_SJR_1

Note in the article:

Maurice Thompson, director of the 1851 Center for Constitutional Law, wrote the state constitutional amendment that generally prohibits government from forcing Ohioans to participate in a health-care system or imposing related penalties on them if they don’t. It was added to Ohio’s Bill of Rights.

He said Thursday he will use that amendment as grounds to sue the state to, among other things, prevent Ohio from taking steps here to create an insurance exchange as mandated by the law.


8 posted on 06/29/2012 11:04:42 AM PDT by Whenifhow
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To: Perdogg
I though the court said that States could opt out.

It's just like "it's not a tax."
Once you realize that our government isn't about 'rules' but about 'power' backed up with force these things become much clearer.
From now on we should think of everything that is stated by the government, especially in law, as being in a quantum state being both "dead and alive" (true and false) at the same time -- furthermore, instead of knowing the true state upon observation, it returns to the quantum-state when your eyes leave it. Therefore one court opinion could say that it is dead, and another say it is alive, and both be right!

We're after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it. There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them...you create a nation of lawbreakers - and then you cash in on guilt. Now that's the system, Mr. Rearden. -- Atlas Shrugged

Yeah, I'm in a bit of a mood today.

9 posted on 06/29/2012 11:05:24 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: fieldmarshaldj
Massive resistance to tyranny is the duty of every American.

We need to separate liberals from the rest of America. If we are employers and have a lib as a worker, we need to fire that liberal on some suitable pretext that will avoid a lawsuit. If we have liberal businesses in our area, we need to boycott them. There are a hundred other little things we can do to make liberalism an expensive hobby for the liberal and not just for his neighbors. This is a war for freedom, and we have been entirely too gentlemanly about each loss for far too long. Most important, we need every conservative and every patriotic moderate to go to the polls in November.

10 posted on 06/29/2012 11:06:47 AM PDT by Pollster1 (A boy becomes a man when a man is needed - John Steinbeck)
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To: Whenifhow

Well then, let’s secede.


11 posted on 06/29/2012 11:06:59 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: fieldmarshaldj; vortigern; Pining_4_TX; buckalfa; OneWingedShark; Pollster1; Pontiac

Supreme Court ruling on health care could set Ohio on collision course

http://www.toledoblade.com/Politics/2012/06/28/Supreme-Court-ruling-on-health-care-could-set-Ohio-on-collision-course.html


12 posted on 06/29/2012 11:20:55 AM PDT by Whenifhow
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To: Whenifhow

DeWine sounds anxious to grab his ankles because 9 men in black came up with a very questionable 5 - 4 ruling.
DeWine has always been a coward and a scumbag.


13 posted on 06/29/2012 11:27:42 AM PDT by Lancey Howard
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To: OneWingedShark

There was no opt out given from everyone having to either provide or have health insurance.

So the statement there was an opt out is incorrect.

The states were not forced to expand medicaid or else suffer the loss of all medicaid funds they now receive.

Court ruled the feds couldn’t withhold medicaid funds as punishment if a state refused to expand medicaid.

But people and businesses must still comply with the act.

Bottom line.


14 posted on 06/29/2012 11:33:30 AM PDT by txrangerette ("HOLD TO THE TRUTH...SPEAK WITHOUT FEAR." - Glenn Beck)
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To: Lancey Howard
Amen, brother! Mike DeWine is, was and always shall be a punk-ass b!tch. From Wikipedia:

In 2004 DeWine co-sponsored an amendment to renew the ban on common semi-automatic weapons.[7] He was one of only two Republican senators to vote against the Protection of Lawful Commerce in Arms Act ,[8] which banned lawsuits against gun manufacturers, distributors and dealers for criminal misuse of their products. In the 2006 election cycle, DeWine was the first senatorial candidate to be endorsed by the Brady Campaign to Prevent Gun Violence and displayed that endorsement on his campaign webpage.[9] Furthermore, DeWine authored Senate Bill 954, to extend lifetime bans on gun ownership on citizens who happened to get a conviction in a foreign country, which carried a jail term of more than a year. That bill only garnered the endorsement of one other Senator, Dianne Feinstein of California.[10]

After President George W. Bush nominated White House Counsel Harriet Miers on October 3, 2005, for a seat on the U.S. Supreme Court, DeWine said "I think the fact she doesn't have judicial experience will add to the diversity of the Supreme Court... There is no reason everyone has to have that same (judicial) background."[11] Opposition from conservative groups unhappy with Miers' resume ultimately sank her nomination.

If I ever see his name on a ballot again, I'll kill myself.

15 posted on 06/29/2012 11:49:08 AM PDT by reegs
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To: Whenifhow

Just what we would expect from that RINO weasel. Nothing.


16 posted on 06/29/2012 12:42:42 PM PDT by Pat4ever
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To: Whenifhow

A JOINT RESOLUTION
Proposing to enact Section 21 of Article I of the Constitution of the State of Ohio to preserve the freedom of Ohioans to choose their health care and health care coverage.

Be it resolved by the General Assembly of the State of Ohio, three-fifths of the members elected to each house concurring herein, that there shall be submitted to the electors of the state, in the manner prescribed by law at the general election to be held November 8, 2011, a proposal to enact Section 21 of Article I of the Constitution of the State of Ohio to read as follows:

21. (A) To preserve the freedom of Ohioans to choose their health care and health care coverage:

(1) No law or rule shall compel, directly or indirectly, any person, employer, or health care provider to participate in a health care system.

(2) No law or rule shall prohibit the purchase of health care or health insurance or the sale of health care or health insurance.

(3) No law or rule shall impose a penalty or fine for the purchase or sale of health care or health insurance.

(B) This section does not affect any law or rule in effect as of March 19, 2010; affect which services a health care provider or hospital is required to perform or provide; affect terms and conditions of government employment; affect any law or rule calculated to deter fraud or punish wrongdoing in the health care industry; or affect any law or rule related to workers’ compensation.

(C) As used in this section:

(1) “Compel” includes the levying of, or the threat of levying, any penalty or fine.

(2) “Health care system” means any public or private entity or program whose function or purpose includes the management of, processing of, enrollment of individuals for, or payment for, in full or in part, health care services, health care data, or health care information for its participants.

(3) “Penalty or fine” means any civil or criminal penalty or fine, tax, salary or wage withholding or surcharge, or any named fee with a similar effect established by law or by rule of a government-established, -created, or -controlled agency that is used to punish or discourage the exercise of rights protected under this section.

EFFECTIVE DATE

If adopted by a majority of the electors voting on this proposal at the general election held November 8, 2011, Section 21 of Article I of the Constitution of the State of Ohio shall take effect immediately.


17 posted on 06/29/2012 12:58:21 PM PDT by ATOMIC_PUNK (Any man may make a mistake ; none but a fool will persist in it . { Latin proverb })
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To: Whenifhow
The indvidual mandate may have been upheld, but State one wasn't.

No State can be forced into Obamacare.

18 posted on 06/29/2012 1:50:24 PM PDT by fortheDeclaration (Pr 14:34 Righteousness exalteth a nation:but sin is a reproach to any people)
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To: reegs

“If I ever see his name on a ballot again, I’ll kill myself.”

At which point, you’ll start voting Communist.


19 posted on 06/29/2012 4:30:50 PM PDT by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto.)
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To: Whenifhow

And it is positions like this that got DeWine bounced from his Senate seat in favor the awful, and hopefully one term, Sherrod Brown.


20 posted on 07/02/2012 3:29:22 PM PDT by mak5
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To: reegs
I don't know hot that anti-second amendment weasel managed to slip back into our government after we canned him the last time. That was very disappointing.
21 posted on 07/03/2012 7:56:47 PM PDT by RC one (this space intentionally left blank)
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