Posted: May 11, 2012
Judge Grants NEOCH Plaintiffs' Motion to Halt Ohio Supreme Court Proceedings
Late yesterday, U.S. District Court Judge Algenon Marbley orally granted a motion of the plaintiffs in NEOCH v. Husted (formerly NEOCH v. Brunner), enjoining further prosecution by two state legislators of a mandamus action in the Ohio Supreme Court. Judge Marbley ordered the legislators to dismiss the complaint, which challenged the Ohio Secretary of State's authority to issue certain directives pursuant to a 2010 consent decree filed in the district court. A written opinion and order will follow.