Thursday, August 2, 2007

Strickland gets Slapped

The following was sent to me from a person calling themself the, "GOP Prince"....

The Supreme Court's 5-2 decision today granted the writ of mandamus requested by Husted and Harris. Justice Cupp, writing for the majority, held that Strickland's attempted veto on January 8 was ineffective because the ten day period for the governor to act commenced when the legislature adjourned. Brunner, therefore, must treat S.B. 117 as a validly enacted law.

Every justice, except the Chief Justice, wrote an opinion. Justice Stratton concurred, but wrote that she believed the bill became law when Taft filed the bill, without objections, with the Secretary of State. Justice O'Donnell's reasons for concurring was based on his position that the Constitution did not permit Strickland to recall the bill once it was filed, nor did it permit Brunner to redeliver the bill to the governor.

Justice O'Connor's concurrence was directed at Justice Pfeiffer's dissent (he believes that the result was politically motivated), and she pointed out that there are 5 different opinion addressing the merits, showing that this case of first impression was given careful consideration by each justice and the issue is not as clear cut as Pfeiffer says it is.

Finally, in her dissent, Justice Lanzinger believes that the 10 day period began to run when the bill was presented to Taft, not when the General Assembly adjourned.


Here is the link to the ruling.

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