TcMedicine

Federal Judge Dismisses Ohio Lawsuit Over

U.S. District Judge Donald Nugent late last month dismissed a lawsuit filed by abortion-rights advocates challenging the sale of “Choose Life” license plates in Ohio, the Associated Press reports. The judge found that the court lacked jurisdiction because the funds raised by license plates sales are tax revenue for the state. Federal law bars a federal court from making a ruling that would affect the collection of a state tax. Nugent did not rule on the “merits” of the case (Associated Press, 10/7). The American Civil Liberties Union of Ohio in April filed a lawsuit on behalf of NARAL Pro-Choice Ohio and three Ohio residents challenging a bill (HB 129) that would authorize the sale of the plates. Under the law — signed by Gov. Bob Taft (R) in February and scheduled to take effect May 18 — the specialty plates cost $30 more annually than standard license plates. Twenty dollars per plate goes to groups that encourage pregnant women to consider adoption rather than abortion. Abortion-rights supporters in the state House had proposed an amendment to the measure that would have allowed the creation and sale of specialty license plates, but the amendment failed. The lawsuit alleges that the state-sponsored sale of the plates is unconstitutional “viewpoint discrimination” because Ohio offers plates representing only one view in the abortion debate (Kaiser Daily Women’s Health Policy Report, 4/29). ACLU of Ohio is “weighing” its options following Nugent’s ruling. ACLU attorney Carrie Davis said that she believes “the court got it wrong because the fee for the plates is not a tax,” according to the Associated Press (Associated Press, 10/7).

“Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . ?2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.