Judges Amul Thapar, left, and Karen Nelson Moore, right, of the U.S. Court of Appeals for the Sixth Circuit. Photos: Diego M. Radzinschi/ALM/Wikipedia6th Circuit Judges Spar Over Constitutionality of Ohio’s Ballot Initiative Procedures
Judges Amul Thapar and Karen Nelson Moore disagree on whether the ballot procedures merely impose "a threshold requirement that proponents must satisfy if they want their speech and signature collection to have legally operative effect.”
November 21, 2024 at 07:01 PM
4 minute read
What You Need to Know
- Sixth Circuit holds preliminary injunction request moot after November election.
- Judges Thapar and Moore disagree on First Amendment issue in dissent, concurrence.
- Judge Kethledge dissent writes case isn't moot.
Two judges on the U.S. Court of Appeals for the Sixth Circuit issued dueling opinions Thursday over the likelihood that Ohio ballot initiative procedures violate the constitutional right to free speech.
The full Sixth Circuit, in a per curiam decision, said an Ohio resident's motion to force the state’s attorney general to certify the summary of a proposed ballot initiative is now moot because the November election is over. If approved, the proposal would amend the state constitution to prohibit qualified immunity for government actors in civil rights suits.
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