Posted: October 20, 2008
Federal judge remands Myhal/Mahal case to Ohio Supreme Court
Secretary Brunner removed the case to federal district court and Judge Smith sent the case back to the Ohio Supreme Court saying that petitioner's claim does not arise under federal law but rather seeks to enforce the state law that implements the federal law. Plaintiff, David Myhal*, has campaigned for 4 of the justices in the past. Justices Terrence O'Donnell and Robert Cupp have not recused themselves while Justices Lundberg Stratton and O'Connor have. The remand order is posted on the case page.
*Note: The case name is Mahal though the proper spelling of Plaintiff's name is "Myhal".
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Commentary
Silence of the Lambs
Dale A. Oesterle
With the election of 2012 now well over and past the second inauguration of the incumbent President, the historical analysis of the events has begun and will last as long as written human history lasts. An interesting tidbit may already be lost to the majesty of the moment.
The voters of three very different states, Alaska, New Hampshire, and Ohio, all had an opportunity to call state constitutional conventions. In each state the voters turned the opportunity down by very similar votes, 68%, 64% and 68% respectively against.
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