Sixth Circuit Says Lawsuit Over Ohio Statewide Initiative Process is Moot, Relative to Injunctive Relief

On November 21, 2024, the Sixth Circuit issued an opinion in Brown v Yost, 24-3354. The issue was the Ohio initiative process for statewide initiatives. The law requires a group to get approval from the Attorney General before beginning to circulate its petition. The Attorney General has the power to object to the summary of the initiative that would appear on the petition.

The Attorney General objected to six different versions of the summary for one particular proposed initiative, which wasted so much time that the proponents had to give up collecting the needed signatures. The proponents then filed a federal lawsuit, alleging that the unlimited discretion given the Attorney General violates the First Amendment. The Sixth Circuit granted injunctive relief against the Attorney General on May 29, 2024. Then the state appealed to all the judges of the Sixth Circuit, and they agreed to re-hear the case. Then, on November 21, they said the matter of injunctive relief is moot. Here is that opinion.

The opinion agrees that the issue of declaratory relief is not moot. The opinion is unsigned. There are some dissents, both from some judges who support the May 2024 opinion, and some who not only oppose that opinion, but feel the declaratory judgment claim should also be denied.


Comments

Sixth Circuit Says Lawsuit Over Ohio Statewide Initiative Process is Moot, Relative to Injunctive Relief — 8 Comments

  1. Ohio, Columbus Republicans are a by the bureaucracy, for the bureaucracy, pro big business, anti private sector working class Ohioans. Been that way since puppet Governor Taft was installed as dictator by constant disingenuous political rhetoric fed to the masses. No free speech, and billionaires like RINO Republican Matt Dolan advancing gun control laws in Ohio specifically targeting private sector ownership. Just like Stalin, Hitler,etc, he believes only the ruling class should have the right to defend themselves. I could go on and on but you get the pictures. Columbus Republicans are authoritarian dictators, no different than Vladimir Putin.

  2. You were doing OK until you falsely and unnecessarily disparaged President Putin, who is nothing like that.

  3. https://www.usatoday.com/story/news/politics/2024/12/30/trump-e-jean-carroll-sexual-abuse-defamation-appeal/75680589007/?tbref=hp

    Trump loses appeal of sexual abuse and defamation judgment in E. Jean Carroll case
    Aysha BagchiBart Jansen
    USA TODAY
    A New York federal appeals court on Monday upheld a jury’s verdict that President-elect Donald Trump sexually abused and defamed columnist E. Jean Carroll and owes her $5 million for doing so.
    “We conclude that Mr. Trump has not demonstrated that the district court erred in any of the challenged rulings,” wrote the Appeals Court judges. “Further, he has not carried his burden to show that any claimed error or combination of claimed errors affected his substantial rights as required to warrant a new trial.”

    HOW MANY ZILLION PAGES IN ALL OF TRUMPS CASES ??? — COMPLAINTS TO FINAL-FINAL APPEALS ???

    WILL THEY ALL MAKE IT TO T LIBRARY BEFORE 2050 ???

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