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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Wednesday, September 20, 2023

Ohio Supreme Court Mostly Upholds Biased Ballot Summary

Justice Ketanji Brown Jackson spoke at an event memorializing the anniversary of a church bombing during the 1960s.  Justice Jackson has already shown concern about honoring history, providing some liberal originalism vibes.  It would be appropriate, but justices simply don't do it, if a transcript of her remarks was put on the Supreme Court speech page.

ETA: And it's there!  I wrote a letter to her earlier this year (I have written to a few justices over the years and received a reply from Justice Blackmun and Sotomayor), in part about the value of transparency.

("I also think it is unfortunate that the press release, media advisory, and speech transcript pages on the Supreme Court website are so rarely used.") 

I guess this is her reply.  Ha!  Actually, I also just a few days ago submitted a somewhat serious question on the page about if the speech page, since no one wrote on it for so long, was still active. I'm almost inclined to think there is a small chance that is related!  (Not really, but it's fun to think.)

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Chris Geidner has a good discussion of the Ohio Supreme Court upholding most of the ballot board's summary (conservative gloss) of a reproductive liberty amendment on the ballot.  The justice who granted the process was tainted but washed their hands of actually doing anything about it was a tad precious. A bit of Kavanaugh, perhaps.

As I noted, the measure is not merely an abortion measure.  It is a reproductive liberty measure.  It carefully is crafted, down to a reference to "pregnant persons."  The ballot board, with a duty to provide a neutral summary, failed to do their duty.  

I hope the people as a whole will not be too influenced, but even liberal-leaning accounts speak of "abortion rights" when again the measure is much more than that.  An ethical board here would have seen their ministerial function. The gaslighting of the per curiam is infuriating. It's a basic abuse of their duty as public servants.  

It's an example of how it is important to have reasonable application of governmental power.  Liberty is threatened in various ways, including by biased actions like this and the failure of the courts to honestly deal with the situation.    

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