You can file this one under you don't see this very often. Just two weeks ago, the Ohio Supreme Court held that a likely ballot issue proposed for the City of Powell, Ohio was unconstitutional and denied a writ to place it on the November ballot. But today, the court reversed course and reversed itself by granting what is called a motion for reconsideration.
Typically, motions for reconsideration are filed by the losing side after an Ohio Supreme Court decision and are not often granted. But in this case, the court, upon reflection, held that a ballot issue cannot be held unconstitutional before the voters have actually passed it. A court cannot pass judgment on the constitutional status of a mere proposal, they must have an actual enacted law before them that has been challenged.
Congratulations go out to my friends and colleagues from the Callender Law Group on their win. You may read the decision here.
Typically, motions for reconsideration are filed by the losing side after an Ohio Supreme Court decision and are not often granted. But in this case, the court, upon reflection, held that a ballot issue cannot be held unconstitutional before the voters have actually passed it. A court cannot pass judgment on the constitutional status of a mere proposal, they must have an actual enacted law before them that has been challenged.
Congratulations go out to my friends and colleagues from the Callender Law Group on their win. You may read the decision here.
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