Kia Franklin

Court Comes Down on Governor’s Veto Against Tort “Reform”

Here’s part of the AP article:

Court Strikes Down Ohio Governor’s Veto JULIE CARR SMYTH Associated Press Writer

(AP) - COLUMBUS, Ohio-Ohio’s highest court on Wednesday struck down Gov. Ted Strickland’s veto of a bill on his first day in office, saying his action came two days past the deadline.

In a 5-2 decision, the state Supreme Court ordered Secretary of State Jennifer Brunner to move forward with the bill, which prohibited lawsuits over lead paint.

The measure had been passed by the Republican-controlled Legislature and former Gov. Bob Taft chose to let it become law without his signature. However, on Jan. 8, the day Democrat Strickland took office, he had Brunner return the bill to his office and he vetoed it.

Lawmakers sued, arguing that the veto violated procedures laid out in the Ohio Constitution.

The legislation says paint manufacturers can’t be sued under public nuisance laws, which some U.S. cities have used to try to force companies to help pay for the removal of lead-based paint in older homes. Strickland vetoed the bill because he felt it stripped consumers of the right to seek damages from the companies, his spokesman said…

In a dissent, Justice Paul Pfeifer accused the court majority of striking “a harmful blow to the separation of powers.” He said their interpretation of the constitution would allow the Legislature to “eliminate entirely a governor’s veto by waiting until ten days after adjournment to present a passed bill to the governor.” (Read full article)

Posted at 5:01 PM, Aug 01, 2007 in Permalink | Comments (0) | TrackBack (0)