AG Yost asks Ohio Supreme Court to narrow ‘unlawful’ injunction on HB 68
In an emergency motion filed this week with the Ohio Supreme Court, Attorney General Dave Yost argues that a Franklin County judge overstepped his judicial authority by placing on hold the entirety of House Bill 68.
Yost’s filing contends that Franklin County Common Pleas Judge Michael Holbrook acted beyond the scope of his power on April 16 in granting a sweeping injunction that placed the entire law on hold for 14 days or until a hearing is held, whichever happens sooner.
“One judge from one county does not have more power than the governor’s veto pen,” Yost said about the injunction in the case.
The law contains several protections for Ohio families: It protects minors from experimental medical treatment, it protects parents from losing custody of their children, and it protects female student-athletes from facing males in competitions and locker rooms. Holbrook’s injunction put the whole law on hold for all Ohioans statewide, even though the plaintiffs in the case include just two families who are affected by only certain medical provisions of the law.
Holbrook’s injunction is unlawful, Yost writes, because it applies to the entire state, rather than just the two plaintiffs who challenged the law in a lawsuit filed on March 26. Judicial rules for common pleas courts state that preliminary injunctions can be broad only enough to protect the plaintiffs in a case.
Yost’s motion notes how Holbrook’s overly broad injunction not only is illegal but also harms Ohioans by preventing the protective law from taking effect. The motion asks the Ohio Supreme Court to narrow the injunction and order Holbrook to act within the limits of his judicial authority.
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