Attorney General Dave Yost filed an emergency motion with the Ohio Supreme Court on Monday, arguing that Franklin County Court of Common Pleas Judge Michael J. Holbrook “overstepped his judicial authority by placing on hold the entirety of House Bill 68.”
Last week, Judge Holbrook issued a temporary restraining order to prevent House Bill 68 from taking immediate effect.
The order, in effect for two weeks or until a hearing is held in the case, was granted at the request of the American Civil Liberties Union (ACLU) of Ohio, which filed a lawsuit last month on behalf of two families challenging the bill.
In an emergency motion filed today with the Ohio Supreme Court, AG Yost argues that a Franklin County judge overstepped his judicial authority by placing on hold the entirety of House Bill 68.
Details: https://t.co/GadJovkrP8 pic.twitter.com/EGy7FJxuNp— Ohio Attorney General Dave Yost (@OhioAG) April 22, 2024
Yost (pictured below) said the judge’s injunction in the case is “unlawful,” as 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 office notes. “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.”
Yost’s motion filed on Monday requests that the state’s highest court narrow the injunction and order Judge Holbrook to “act within the limits of his judicial authority.”
“One judge from one county does not have more power than the governor’s veto pen,” Yost said in a statement.
House Bill 68, which includes the SAFE Act and the Save Women’s Sports Act, was set to take effect this week as the Ohio Senate and House of Representatives voted to override Governor Mike DeWine’s veto of the bill earlier this year.
The SAFE Act prevents doctors from providing minors with gender-affirming care, while the Save Women’s Sports Act prevents biological males who identify as transgender from participating in girls’ and women’s sports.
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Kaitlin Housler is a reporter at The Ohio Star and The Star News Network. Follow Kaitlin on X / Twitter.
