COLUMBUS, Ohio (AP) — Ohio’s highest court upheld Friday astate legislative panel’s vote to allow
the expansion of Medicaid,handing a legal victory to the Republican governor who had pushedexpansion in
opposition to many in his own party.The 4-3 decisionby the Ohio Supreme Court came after two anti-abortion
groups and sixGOP lawmakers sued the Ohio Department of Medicaid and the stateControlling Board over that
panel’s decision. Dissenting justicesfavored tossing the case.At issue was whether the quietlypowerful
Controlling Board thwarted the intentions of the Legislature byallowing $2.56 billion in federal money to be
spent on the expansion ofMedicaid allowed under President Barack Obama’s federal health carelaw.The groups
and GOP lawmakers contended the board exceeded itsauthority and asked the court to order the panel to void
its decision.They claimed such a ruling was necessary to prevent serious harm to thechecks and balances of
government, particularly given that statelawmakers sent Gov. John Kasich a budget bill that effectively
barredexpansion of Medicaid. Kasich had vetoed the provision.Attorneysfor the state said the board’s
decision was legal and the plaintiffslacked standing to bring the case, among other arguments.Writingfor the
majority, Chief Justice Maureen O’Connor said the definition of"legislative intent" is not what
lawmakers send to the governor, but thepolicy that prevails at the end of a legislative process in which
thegovernor has a constitutional say.Under the Ohio constitution, anact becomes law after both chambers of
the Legislature approve it andthe governor either signs it or allows it pass into law without
hissignature."Any other conclusion would create a constitutional crisis," she added.Underthe
scenario presented by the plaintiffs, the legislative branch "wouldhave the power to command the
controlling board, in all cases, todisregard the governor’s veto in the implementation of
appropriations."Her opinion was joined by Justices Paul Pfeifer and William O’Neill. Justice Judith Ann
Lanzinger concurred in judgment only.Among dissenters was Justice Terrence O’Donnell, who said there was no
legal question before the high court."TheGeneral Assembly established the Controlling Board solely as
aconvenience, delegating to it authority to make the myriad adjustmentsto appropriations needed on a
periodic basis," he wrote. "Because it is acreature of statute, the Controlling Board is wholly
accountable to thelegislative branch of government."Justices Sharon Kennedy and Judith French dissented
without opinion, indicating they would dismiss the case.Kasich’sadministration had gotten approval from the
federal government toexpand Medicaid, the federal-state health program for the poor anddisabled. However,
Medicaid officials needed state legislative approvalto spend the federal money on an estimated 366,000 newly
eligibleresidents.The GOP-controlled Legislature balked at the expansion,so administration officials asked
the Controlling Board for theauthority to spend the federal dollars. The seven-member board, whichhandles
certain adjustments to the state budget, approved the expansionmoney in October.Under state law, the
Controlling Board is tocarry out the intent of the General Assembly regarding program goals andlevels of
support for state agencies.In the two-year statebudget that lawmakers passed in June, majority Republicans
inserted aprovision that would have barred the Medicaid program from covering theadditional low-income
residents allowed under the new federal healthcare law. That was the item Kasich vetoed.Kasich spokesman
RobNichols said Friday, "Obviously, we’re pleased with the court’s rulingand glad that Ohio can now
move forward."The state had argued that should the plaintiffs prevail, the expanded coverage would be
unfunded.Along list of groups — including chambers of commerce, the Ohio NationalGuard Association, the Ohio
State Medical Association, AARP and others —filed court briefs in support of the state’s position. The
conservativeAmerican Policy Roundtable filed court documents backing theplaintiffs.Copyright 2013 The
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