(The Center Square) – A Columbus-based policy group is calling the city of Columbus and the state’s attempt to move straight to the Ohio Supreme Court a fight for the rights of Ohio citizens.
In a brief filed with the Supreme Court, The Buckeye Institute wants the court to reject the argument from the city and state that preliminary injunctions can be appealed directly to the court rather than flow through the appeals courts.
“Columbus and the state of Ohio would have the court invent a rule to allow the government, and only the government, to challenge and appeal preliminary injunctions,” said David C. Tryon, the litigation director at The Buckeye Institute. “In their court-invented rule – which conflicts with Ohio law – they want this right denied to citizens, effectively elevating the government above its citizens.”
The appeal comes after Judge David M. Gormley issued a preliminary injunction stopping Columbus from enforcing gun control laws that outlawed certain magazines.
Gormley declined to lift the injunction, and the city appealed to the 5th District Court of Appeals, which dismissed the appeal. Columbus then went to the Supreme Court.
In its brief to the high court, the institute said, “although disguised as a debate over interpreting a procedural rule,” the question before the Ohio Supreme Court “ultimately represents a battle between the government’s interests and the rights of Ohio citizens.”
Ohio Attorney General Dave Yost got involved in June, writing a brief agreeing with the city that governments should be able appeal straight to the Supreme Court.
In his brief, Yost said the order blocking the city’s gun ordinance is similar to a Cincinnati judge’s ruling to block the state’s six-week abortion ban in 2022.
“Preliminary injunctions must be appealable to ensure justice,” Yost said. “This brief underscores that both the state and cities need the right to an immediate appeal when their laws are enjoined. The rule of law means the same rules for everybody. “It doesn’t matter state or city, Democrats or Republicans – the same rules should apply to all.”