Judicial Thunder out of Ohio...

[DGUtley]

Judicial Thunder Out of Ohio: Wall Street Journal

Judges across the country are rethinking their deference to regulators who stretch the law, and the latest example is thunder out of the Ohio Supreme Court. The Dec. 29 decision deserves more notice as a powerful statement of judicial principles in dealing with an unrestrained bureaucracy.

Start-up firm seeking certificate of authorization to provide engineering services satisfied R.C. 4733.16(D) by designating independent contractor as its full-time manager—R.C. 4733.16(D) does not preclude an independent contractor from serving as a full-time manager of an engineering firm—

In Ohio, judicial deference to administrative agencies is permissive rather than mandatory and may occur only when a statutory term is ambiguous—Court of appeals’ judgment after applying mandatory deference to agency’s interpretation of statute reversed and cause remanded.
TWISM Enterprises v. State Board of Registration


Opinion: https://www.supremecourt.ohio.gov/ro...-Ohio-4677.pdf

[Standing Wolf]

And yet, ask anyone who is negatively affected by such rulings and they will tell you that these courts are guilty of "legislating from the bench".

[carolina73]

I don't know what to think about this. It now leaves it up to the individual to check the qualifications of the professional they hire?

[RMNIXON]

I can tell you that out in California the State and local Governments violate Equal Protection all the time in the name of Diversity. Not going to hold my breath for courts to properly act on that one.

[DGUtley]

People need to litigate these issues.