December 23, 2009 – Ohio Supreme Court Files Entry in Case

It appears that the Court has rejected the notion of summarily dismissing the AG’s standing in the case, but instead wants that issue to be heard prior to it even considering whether or not to take the entire case.  The Entry, signed by Justice Pfeifer, directs the parties to answer 2 questions:

1. Does the attorney general have standing to  appeal a judgment against the State of Ohio if that appeal is contrary to  the directive of the governor and the attorney general is  not representing an administrative  agency.
2. If the answer to the first question is “yes,” is the record in this matter sufficient for this Court to resolve the appeals and cross-appeal, if they are accepted, even though the State of Ohio’s assignments of error and briefs were stricken by the court of appeals?

The Court directed that the Appellant/Cross-Appellant State of Ohio’s brief shall be filed within 15 days from the date of this order. All other parties may file briefs within 15 days after the State of Ohio’s brief has been filed. The State of Ohio may file a reply within five days thereafter.  No extensions of time shall be permitted. The Clerk shall refuse to file any requests for extension of time.

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