Judicial Branch Reviewing UnConstitutional Laws, by Juliana Discher
Chief Justice Parker Graham said the judicial system is implementing a new system this year where bills are reviewed for their constitutionality.
“We have been working with the Attorney General and the Governor’s Cabinet to find bills on the house floor that are in violation of our Constitution in a very flagrant way,” Graham said. “We are bringing those authors in and essentially having a hearing to give them an opportunity to argue if they believe their bills are not in violation. The state will be taking the role of arguing that there is a violation and that it can’t be instated as an actual piece of legislation and the justices will be presiding and ruling on that.”
There were several bills discussed. GH04 aimed to reform firearm laws by limiting guns from usage in the “public space”. The judicials saw this as a violation of the Second Amendment by limiting the right to carry arms.
GS08 required prescription drug companies in the state of Ohio to limit their advertising. The judicial system said this bill violates the First Amendment’s freedom of speech.
GS28 aimed to decrease sex-trafficking by increasing traffic checkpoints to check trucks for sex slaves. The bill writers used the court case New Jersey vs. TLO to defend the right of probable cause for searching. The jurisdiction ruled that it interfered with the Fourth Amendment’s protection of people from search and seizure.
GH42 stated that the father of a child should have the final say in whether a woman has an abortion. The bill writers claimed that they were not contradicting Roe v Wade, but adding on to the ruling. Additionally, they believed that they were not limiting the rights of women, but ensuring that the rights of the father were protected. The judicial system ruled that the bill contradicted Roe v Wade.
The Judicial Branch said they are doing these discussions for several reasons. They want to give legislators a public speaking opportunity and an opportunity to defend their bill. They also want bill writers to consider every component of the bill they write. Finally, they want to reinforce the actual government ruling that the Supreme Court can overrule a bill that contradicts The Constitution.