Health care, bargaining rights put Ohio at center of debate

Amendment to exempt state from mandate in health care law.

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By William Hershey, Columbus Bureau Updated 12:45 PM Thursday, July 7, 2011

COLUMBUS — It may be an off-year election, but Ohio voters this fall appear likely to be at the center of a national debate over two controversial issues — the new federal health care law and public employee labor rights.

Supporters of a proposed constitutional amendment to exempt Ohioans from the personal mandate in the federal health care law backed by President Barack Obama and Democrats on Wednesday delivered petitions with more than 546,000 registered voter signatures to Secretary of State Jon Husted to get the issue on the Nov. 8 ballot.

Last week supporters of a referendum aimed at repealing Senate Bill 5, legislation curbing public employee bargaining rights, submitted petitions with more than one million signatures to get that issue on the ballot.

“Either the health care amendment or the SB 5 referendum would make the fall of 2011 unusual,” John Green, director of the Bliss Institute of Applied Politics at the University of Akron, said in an email.

“If both propositions end up on the ballot, it will make 2011 extraordinary. This situation will make Ohio the center of two controversial issues about the size and scope of government.”

While labor unions and Democrats spearhead the SB 5 repeal, Tea Party groups and the Ohio Republican Party are behind the health care amendment.

Maurice Thompson, executive director of the 1851 Center for Constitutional Law and the man who drafted the amendment, said it’s a serious effort, not just a symbolic assault on federal power.

“I just want to make (it) abundantly clear,” said Thompson. “We are not a conglomeration of sophomoric, pot-smoking anarchists with our middle finger in the air who simply want to blow up government buildings. ...This is a serious effort at quarantining government power to its rightful place.”

Thompson said that if voters approve the amendment it would become part of the state constitution’s bill of rights and put Ohio in a strong position to challenge the individual mandate in the federal health care law.

Richard Saphire, a professor at the University of Dayton’s law school, disagreed. He said that federal law still would supersede the provision in the state constitution.

“The state can’t trump through any of its lawmaking powers the validity of a federal statutory responsibility,” said Saphire.

Three lawsuits already are under way, including one in which Ohio is participating, challenging the constitutionality of the federal law. The law, called “Obamacare” by critics, requires that all Americans buy health insurance by 2014 or face financial penalties.

Meanwhile, Husted has until July 26 to notify backers of both ballot issues whether they have enough signatures. The signatures will be sent to county boards of election for validation.

The health care amendment requires 385,245 valid signatures, while the SB 5 referendum requires 231,147 signatures. Supporters or both can gather more signatures while Husted conducts the review. Also, they would get 10 extra days to gather more signatures if their initial filings fall short.

Contact this reporter at (614) 224-1608 or whershey@DaytonDailyNews.com.

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