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Ohio Supreme Court To Hear Cleveland Challenge
- Published on Wednesday, 10 March 2010 18:08
- Written by Jeff Garvas
The Ohio Supreme Court today agreed to hear Cleveland v. State of Ohio, a lawsuit in which the City of Cleveland is challenging the constitutionality of statewide preemption. The lower courts have twice denied Ohioans For Concealed Carry's efforts to intervene in the litigation despite our role as the plaintiff in the precedent case, Ohioans For Concealed Carry v. City of Clyde.
The local courts agreed with the legislature and refused to overturn preemption, but the appeals court sided with Cleveland and, to a certain extent, challenged the Ohio Supreme Court's precedent on this matter in our case against Clyde. The Cleveland Plain Dealer has begun covering the story as well. Updated: Cleveland to fight for its gun restrictions before Ohio Supreme Court
The Supreme Court will hear oral arguments later this year. In cases like this the position of the legislature (and, in this case, Ohioans For Concealed Carry) will be defended and argued by the Ohio Attorney General's office. Attorneys representing Ohioans For Concealed Carry will file friend of the court briefs in the coming months. A pro-gun "win" in this case would be a majority decision overruling the appeals court, maintaining the Ohio Supreme Court's recent precedent in OFCC v. Clyde.
This case highlights the importance of upcoming Ohio Supreme Court justice elections.



