OPINION: 'Maybe the Board of Professional Conduct will do something about it. A cynical person would say they will not. The board’s members are appointed by the Supreme Court. You don’t bite the hand that feeds you,' writes columnist Eric Foster.
Supreme Court of Ohio. Three of the seven justices on the court recently revealed the extent of their anti-abortion views as part of a right-to-life questionnaire -- revelations that could bear on a pending case that's likely to end up before the state high court regarding whether the Ohio Constitution protects abortion rights.
That all changed in 2002. That year, the U.S. Supreme Court held that prohibiting judicial candidates from announcing their views on disputed legal or political issues. The court determined that preserving the impartiality of a state’s judiciary were not sufficient justifications for limiting a judicial candidate’s freedom of speech.
Take a moment to think about the needle that is trying to be threaded here. A judicial candidate can declare his or her position on an issue, but at the same time he or she cannot talk about an issue that is likely to come before them. How does that work in reality? Suppose a trial court judge believed that cash bail should be eliminated. However, as a trial court judge, he or she is tasked with setting bail on an almost daily basis.
In March 2022, three Republican Ohio Supreme justices -- Pat DeWine, Sharon Kennedy, and Patrick Fischer --submitted to them by Right to Life of Greater Cincinnati, an anti-abortion organization. The survey stated in part, “In Roe v. Wade … the U.S. Supreme Court recognized a ‘right to privacy’ under the Constitution that includes abortion. The Constitution does not include this right.” All three justices agreed with that statement.
The abortion providers who filed suit in Hamilton County know right now, before the case even gets to the Supreme Court, how three of the seven justices will rule. They know right now that three of the seven justices are not impartial. And because of that direct relationship, they know right now that three of the seven justices will not give them a fair shot.
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