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LAVIN v. HUSTED

No. 11-3908.

689 F.3d 543 (2012)

Arthur LAVIN; Jason Chao; Michael W. Devereaux; Patricia J. Kellner; Jerome Liebman, Eric R. Schreiber; Constance D. Magoulias; Peter A. DeGolia; Nathan A. Beachy, Plaintiffs-Appellants, v. Jon HUSTED, in his Official Capacity as Ohio Secretary of State, Defendant-Appellee, Richard Michael DeWine; J.B. Hadden; Mike DeWine for Ohio, Intervenors, The Ohio State Medical Association; Ohio Osteopathic Association; The Academy of Medicine of Cleveland & Northern Ohio, Amici Curiae.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 3, 2012.

Attorney(s) appearing for the Case

ARGUED: Subodh Chandra , The Chandra Law Firm, LLC, Cleveland, Ohio, for Appellants. Richard N. Coglianese , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Subodh Chandra , Donald P. Screen , Sandhya Gupta , The Chandra Law Firm, LLC, Cleveland, Ohio, Raymond V. Vasvari, Jr. , Berkman, Gordon, Murray & Devan, Cleveland, Ohio, for Appellants. Richard N. Coglianese , Michael J. Schuler , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. James A. King , Porter Wright Morris & Arthur LLP, Columbus, Ohio, for Intervenors. Maureen P. Tracey , Diane E. Citrino , Thacker Martinsek , LPA, Cleveland, Ohio, for Amici Curiae.

Before: DAUGHTREY, KETHLEDGE, and DONALD, Circuit Judges.

OPINION

KETHLEDGE, Circuit Judge.

An Ohio statute makes it a crime for state Attorney-General or county-prosecutor candidates to accept campaign contributions from Medicaid providers or any person with an ownership interest in a Medicaid provider. See Ohio Rev.Code § 3599.45. The plaintiff physicians here are all Medicaid providers who attempted to contribute to Richard Cordray's 2010 campaign for reelection as Ohio Attorney General. When the...

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