The latest Quinnipiac Poll shows that Ohioans find the idea of having the State Attorney General sue to challenge the constitutionality of the health care reform is overwhelmingly unpopular.

53% of registered voters in Ohio thinks it’s a bad idea, while only 37% think its a good idea.

Of course, that means Mike DeWine continues to push a legal theory that he knows, or should know, is completely frivolous.

He’s fundraising over a case that will likely be dismissed before the election.  And, of course, the Columbus Dispatch fails to note the only public polling on the issue.

DeWine is crowing that a federal judge’s decision in Virginia not to grant the federal government’s Motion to Dismiss the suit there is evidence of the case’s merit.  However, the judge just simply ruled that the case is so complex he wants to hold another hearing in October to consider the arguments further before ruling, according to media reports.  That’s hardly an impressive legal victory.  (Legally speaking, simply prevailing on an early Motion to Dismiss is never a guarantee that the case has strong merit.  The legal standard against such an early dismissal is very difficult to prevail on, but at trial, the State’s would have the burden.)

Given all the corporate misdeeds leading to the recession in Ohio and across the nation, the Office of the Ohio Attorney General has more important things to do than to pursue political cases to attack a President from the opposition party.

Imagine the outrage of a Democratic Attorney General challenged the constitutionality of Bush’s war powers, his War in Iraq, Gitmo, torture, etc.  As much as we may disagree with what the opposition does and want “our” people to challenge the “opposition,” it’s not the place of a State Attorney General to use our courts for such brazen political purposes.

Mike DeWine should be ashamed of his political cravenness.  But what can you expect from a career politician who was bounced by the voters and desperately running for Attorney General to keep his lifelong dream of being Governor on political life support?

Mike DeWine is a desperate politician fighting his potentially last fight for his political life.  It’s really quite sad to see him reduced to this.

  • Anastasjoy

    I couldn't have said it better. This pathetic pandering to a wingnut far right that doesn't trust him anyway has turned DeWhiny into a tragic figure. I think he knows better than this but is willing to run on squandering tax dollars to pursue a partisan vendetta that will fail. the real tragedy would be if voters replaced an effective, crusading attorney general like Rich Cordray with the likes of DeWhiny.

  • brian

    The choice this election season is clear.
    Future vision or Rearview repeat.
    Which way Ohio?

  • tudorman

    I can't speak to DeWine's motivations for bringing this lawsuit. I do believe that much of the right's sabre-rattling on health care has less to do with questions of constitutionality and more to do with opposition to Obama. Whatever the case here, I'm glad to see some of the states pushing back against the feds. If only they had done likewise against the PATRIOT Act, the Iraq War, the War on Drugs, and other legislation. It needs to be done, as this clip of a woman questioning Pete Stark (D-CA) clearly illustrates.



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