STATE EX REL. CLEVELAND RIGHT TO LIFE v. STATE OF OHIO CONTROLLING BD.

No. 2013-1668.

138 Ohio St.3d 57 (2013)

2013-Ohio-5632

THE STATE EX REL. CLEVELAND RIGHT TO LIFE ET AL. v. THE STATE OF OHIO CONTROLLING BOARD ET AL.

Supreme Court of Ohio.

Decided December 20, 2013.


Attorney(s) appearing for the Case

1851 Center for Constitutional Law and Maurice A. Thompson ; and Callendar Law Group, L.L.C., and Christopher B. Burch , for relators.

Michael DeWine , Attorney General, and Eric E. Murphy , Ryan L. Richardson , and Charity S. Robl , Assistant Attorneys General, for respondents.

Thomas W. Connors , urging granting of the writs for amicus curiae American Policy Roundtable, d.b.a. Ohio Roundtable.

AARP Foundation Litigation and Iris Y. Gonzalez , urging denial of the writs for amicus curiae AARP.

Ohio Poverty Law Center, L.L.C., Douglas L. Rogers , and Eugene R. King , urging denial of the writs for amici curiae American Cancer Society Cancer Action Network, Community Legal Aid Services, Inc., Franklin County Public Defender, Legal Aid of Western Ohio, Legal Aid Society of Cleveland, Legal Aid Society of Columbus, Legal Aid Society of Southwest Ohio, L.L.C., National Association of Social Workers-Ohio, National Health Law Program, National Multiple Sclerosis Society Ohio Chapters, Ohio Association of Area Agencies on Aging, Ohio Federation of Teachers, Ohio Olmstead Task Force, Ohio Poverty Law Center, L.L.C., Ohio Voices for Children, Policy Matters Ohio, Southeastern Ohio Legal Services, Center for Community Solutions, Coalition on Homelessness and Housing in Ohio, Toledo Area Jobs with Justice & Interfaith Worker Justice Coalition, and Universal Health Care Action Network of Ohio.

Vorys, Sater, Seymour & Pease, L.L.P., G. Ross Bridgman , Sylvia A. Brown , and Suzanne J. Scrutton , urging denial of the writs for amici curiae Advocates for Ohio's Future, Coalition for Healthy Communities, National Alliance on Mental Health, Ohio Association of County Behavioral Health Authorities, Ohio Council of Behavioral Health and Family Services Providers, and Ohio Provider Resource Association.

Carpenter Lipps & Leland, L.L.P., Jeffrey A. Lipps , Jonathan A. Allison , and Joel E. Sechler , urging denial of the writs for amici curiae Ohio National Guard Association, Clark County Sheriff Gene A. Kelly, Cincinnati Regional Chamber of Commerce, Columbus Chamber of Commerce, Philanthropy Ohio, Dayton Chamber of Commerce, Ohio Association of Community Health Centers, Ohio Association of Health Plans, Ohio Manufacturers Association, and Ohio Right to Life Society.

Bricker & Eckler, L.L.P., Michael K. Gire , Anna Marie Sferra , Michael L. Corey , and James J. Hughes ; and Sean McGlone , urging denial of the writs for amici curiae Ohio Hospital Association, Ohio Osteopathic Association, and Ohio State Medical Association.

Disability Rights Ohio, Ohio Disability Rights Law and Policy Center, Inc., and Kerstin Sjoberg-Witt , urging denial of the writs for amici curiae Disability Rights Ohio, People First of Ohio, ARC of Ohio, and Ohio Empowerment Coalition.

Eric H. Kearney and Bethany E. Sanders , urging denial of the writs for amici curiae Members of the Ohio Senate Democratic Caucus.

Advocates for Basic Legal Equality, Inc., and W. David Koeninger , urging denial of the writs for amici curiae Advocates for Basic Legal Equality, Inc., and Toledo/Lucas County CareNet.


O'CONNOR, C.J.

{¶ 1} This case came on for consideration upon relators' request for writs of mandamus and prohibition. Relators have abandoned their request for prohibition, as they fail to argue it on the merits in their briefs. We therefore concentrate our efforts on the prayer for a writ of mandamus.

{¶ 2} To be entitled to a writ of mandamus, the relators must establish (1) a clear legal right to the requested...

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