Bob Taft, Judicial Activist

For immediate release: Wednesday, Nov. 9, 2005

CONTACT: John Kohlstrand (614) 466-9036

Bob Taft, judicial activist

Today’s oral arguments in State Ex Rel. Dann v. Taft make clear that Governor Taft is asking the Ohio Supreme Court to invent law that doesn’t exist by legislating from the bench, House Democratic Leader Chris Redfern said today.

The phrase “executive privilege” appears nowhere in the state constitution or the Ohio Revised Code, and years of Ohio Supreme Court precedents have established that Ohio’s public records law is to be interpreted liberally in favor of disclosure and that exemptions should be narrowly construed, Redfern said.

 “For years, the GOP has lectured anyone who will listen about judicial activism,” Redfern said.

“Today, the truth became clear. Governor Taft, the head of his party, thinks judicial activism is all fine and dandy if it allows him to cover his hide by standing in the way of the public’s right to know,” he said.  

 “I’d like to know: Does Jim Petro share Governor Taft’s situational judicial philosophy? Does Petro think there is such a thing as ‘executive privilege’ in Ohio law?” Redfern said. “And what does Betty Montgomery have to say about this supposed ‘executive privilege’? She used to be attorney general. What does she think?”

“I know this much: I’ll be watching carefully to see if the Supreme Court embraces Bob Taft’s request to legislate from the bench,” Redfern said.