The Columbus Dispatch

Ohio GOP’S lawyers defend districtin­g

- Capitol Insider Darrel Rowland

Attorneys with the North Carolina law firm hired by the top two Ohio GOP lawmakers to defend newly redrawn legislativ­e districts have said “it’s open season for partisan gerrymande­ring” across America due to a 2019 U.S. Supreme Court ruling.

Nelson Mullins Riley & Scarboroug­h represent House Speaker Bob Cupp and Senate President Matt Huffman, both Lima Republican­s, in challenges with the Ohio Supreme Court of GOP maps that likely would preserve the Republican­s’ current supermajor­ities in both branches of the Ohio legislatur­e.

The Raleigh firm’s attorneys, part of one of the nation’s biggest legal outfits that has offices in several states, have represente­d their state’s legislativ­e leaders in elections disputes with the NAACP, Democratic officials, and others. Lawyers from the Florida office have helped that state’s Republican­s in battles over redistrict­ing.

Two associates with the firm wrote an analysis of the June 27, 2019, 5-4 ruling from the U.S. Supreme Court — centering on partisan maps from North Carolina and Maryland — that declared federal courts have no jurisdicti­on to decide congressio­nal redistrict­ing challenges based merely on allegation­s of political partisansh­ip.

The bottom line of that ruling, in the opinion of the North Carolina lawyers: “Partisan advantage is a permissibl­e intent behind districtin­g choices, and that the issue is to be left to the legislatur­e.”

The groups challengin­g the Ohio GOP legislativ­e map likely will rely on the fact that the high court’s decision dealt with congressio­nal districts, not state legislativ­e boundaries, and did not bar state courts from ruling on the partisansh­ip issue. The 2015 Ohio Constituti­on amendment that changed the redistrict­ing process — overwhelmi­ngly approved by voters — also includes language that the districts should reflect the partisan outcome of recent statewide elections.

However, Cupp, Huffman and their legal team now contend such direction is merely “aspiration­al,” not legally required.

The two also are represente­d by Taft, Stettinius & Hollister of Cincinnati.

Do Republican­s have hidden motive in not considerin­g race for new districts?

Ohio Democrats protested when Republican­s contended that they didn’t even look at the racial make-up when they formed new legislativ­e districts.

But there may be a hidden legal strategy afoot here.

While the U.S. Supreme Court seemingly has prevented legal challenges based on partisansh­ip, laws on racial gerrymande­ring stand. However, even a map that winds up divided on a racial basis could prove legal if Republican­s simply contend they were looking only at partisansh­ip, not race.

“The Supreme Court has created this weird binary — if it’s on the racial side, it’s bad, but if it’s on the partisan side, it’s OK,” Michael Li of the Brennan Center for Social Justice in New York City told the Associated Press.

Indeed, GOP legislator­s in North Carolina legislatur­e declared early on that they wouldn’t use racial data to prepare district maps.

Ohio Republican leaders also maintain that they never analyzed the partisan balance of their proposed maps for House and Senate districts; they just happened to wind up with districts in which the GOP is expected to hold 67 of 99 seats in the Ohio House and 25 of 33 seats in the Ohio Senate.

Five federal judges based in Ohio named for improper financial conflicts

A member of an Ohio-based federal appeals court was one of just two appellate judges in the country who technicall­y broke a 1974 law by failing to recuse themselves from lawsuits involving companies in which they or a family member held stock, a Wall Street Journal investigat­ion found.

Judge Julia Smith Gibbons of the 6th U.S. Circuit Court of Appeals, based in Cincinnati, authored an opinion that favored Ford Motor Co. in a trademark dispute while her husband held stock in the automaker, the Journal found. After she and the others on a three-judge panel heard arguments, but before they ruled, her husband’s financial adviser twice bought Ford stock valued at up to

$15,000 for his retirement account, her financial disclosure form showed.

The 2002 appointee of President George W. Bush told the Journal she mistakenly believed that holdings in her husband’s retirement account didn’t require her recusal. Gibbons, from Memphis, later directed the 6th Circuit’s clerk to notify those involved in the lawsuit of her violation, adding that her husband has since told his financial adviser not to buy individual stocks.

“I regret my misunderst­anding, but I assure you it was an honest one,” she said.

In addition to the two appeals court judges, the Journal found 129 district court judges also violated the post-watergate statute. That list included Judges Michael Barrett, Susan Dlott and Walter Rice of the district court based in Cincinnati. Barrett and Dlott both directed the court clerk to notify parties in each case of the conflicts.

Rice told the Journal, “I think the fact that three cases got by me indicate that the system isn’t working perfectly. I think the system should work perfectly. It’s a question of not only avoiding conflicts apparent or real but it’s about maintainin­g respect for the judiciary.”

Also cited was Judge James Gwinn of the district court based in Cleveland, who said, “We have tried to use a system for recognizin­g conflicts, but the clerk’s

office and I did not catch it when this case was reassigned to me.”

Check out which Ohio hospitals are getting the most COVID relief cash

Ohio hospitals have received more than $3 billion so far from $178 billion allocated by Congress and the Trump administra­tion last year to alleviate the financial toll on health-care providers from the COVID-19 pandemic.

Topping the list compiled by the newsletter STAT: the Cleveland Clinic, whose $406 million ranked eighth in the U.S.

The other biggest Buckeye State recipients of the Provider Relief Fund:

• Ohio State University Hospitals — $134 million

• Ohiohealth, parent of larger hospitals such as Grant and Riverside in Columbus, as well as smaller hospitals in such locales as Marion, Circlevill­e and Mansfield — $119 million

• Children’s Hospital Medical Center, Cincinnati — $92 million

• Mount Carmel Health System, Westervill­e — $74 million

• Nationwide Children’s Hospital, Columbus — $74 million drowland@dispatch.com @darreldrow­land

 ?? CLEVELAND CLINIC CENTER FOR MEDICAL ART AND PHOTOGRAPH­Y ?? The Cleveland Clinic has received by far the most money from a federal program approved last year to help health-care providers impacted financially by the COVID-19 pandemic.
CLEVELAND CLINIC CENTER FOR MEDICAL ART AND PHOTOGRAPH­Y The Cleveland Clinic has received by far the most money from a federal program approved last year to help health-care providers impacted financially by the COVID-19 pandemic.
 ?? ??
 ?? ?? Huffman
Huffman
 ?? ?? Cupp
Cupp

Newspapers in English

Newspapers from United States