This note discusses why Rocky River was wrongly decided as a matter of constitutional adjudication and why it is likely to be overruled, irrespective of a personnel change on the court. The note concludes that the decision, written by Chief Justice Thomas Moyer, was weak and based on questionable policy. The majority misapplied recent precedent on local government's home-rule powers, ignored another provision of the state constitution granting the state legislature unlimited authority in the field of public employee welfare, and ignored the stare decisis effect of its recent decisions which found the Act was a general law of statewide concern. Instead of presuming the Act's constitutionality, the majority second-guessed the wisdom of the legislature. The justices also struck down a crucial section of the Act because it did not fit their subjective notions of democracy and public accountability.
Rudy, Timothy D.
"Rocky River v. SERB: Second-Guessing the State Legislature,"
Akron Law Review: Vol. 23:
2, Article 10.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol23/iss2/10
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