Latest Case: State ex rel. Meyer v. Warren County Board of Elections (Election Law)

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In this second of a series of columns on the latest prominent challenge to the Affordable Care Act (ACA), Illinois law dean Vikram David Amar, Michigan Law dean emeritus Evan Caminker, and Illinois law professor Jason Mazzone comment on the standing issue presented in California v. Texas. The authors explore the Solicitor General’s creative argument and argue that the argument leaves several hurdles unaddressed. The authors point out that even if the plaintiffs in these cases can overcome the hurdles, the Court should consider that embracing the Solicitor General’s broad new theory would open the door to other, even more aggressive, applications.

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State ex rel. Meyer v. Warren County Board of Elections

Citation: 2020-Ohio-4863

Opinion Date: October 9, 2020

Judge: Per Curiam

Areas of Law: Election Law

The Supreme Court denied a writ of prohibition sought by Relator to bar the Warren County Board of Elections from placing certain tax-reduction measures on the November 2020 ballot, holding that the Board did not abuse its discretion or disregard applicable law by placing the petitions on the ballot. The tax levies at issue allow supported the Mason City School District and sought to reduce nine tax levies by .01 mills. Relator filed a protest against placing the tax-reduction measures on the ballot. The Board denied the protest. Thereafter, Relator filed a complaint for a writ of mandamus. The Supreme Court denied the writ, holding that the the statutory requirements for ballot access were met, and therefore, the Board properly placed the petitions on the ballot.