The 1851 Constitution Center filed a suit in the Ohio Supreme Court on behalf of six Republican legislators and Cleveland Right to Life, asserting that Governor Kasich’s expansion of Medicaid violated the legislature’s powers as set out in Article II of the Ohio Constitution. Funding for the expansion was accomplished by an action of the Ohio Controlling Board. Read the Complaint HERE. See article by the 1851 Constitution Center. Supreme Court docket Case number 2013-1668.
A Plain Dealer article states that William Todd, a Columbus lawyer, believes this lawsuit will fail. Todd argues that the recent budget bill (House Bill 153) allowed the Medicaid director unfettered discretion to add beneficiaries, as long as there is no Ohio law prohibiting the addition of the group. Additionally, the budget bill originally included language prohibiting Medicaid expansion, the Governor line-item vetoed the provision and the legislature did not act to override the veto. These factors indicate a legislative intent to allow the Medicaid expansion.
