Chief Justice Debate: O'Connor Reality Check

CLEVELAND- Chief Justice Candidate Maureen O'Connor expressed in today's debate that she would be the better candidate because of her leadership record and experience. Let's explore the details of those claims a little further.

O'Connor's Leadership

As Bob Taft's Lieutenant Governor, O'Connor claims to have been through two budget cycles and knows how to fix the budget, which she calls the most important issue facing the judiciary today. Under the Taft administration, the state GRF continued to grow every year Ms. O'Connor served. [obm.ohio.gov]

O'Connor claims to be a leader on the court because she has written in the majority so many times. She asserts that she is often originally in dissent but that her writing is so persuasive that she garners enough support to then make the opinion a majority. O'Connor offers no data to substantiate this argument because it doesn't exist.

Additionally, O'Connor claims to be a leader in issues of budget and diversity. In her previous 8 years on the court, O'Connor has not offered any budget solutions, nor has she stepped up as a leader to push the court to implement policy proposals they were given 10 years ago to increase diversity.

Justice Maureen O'Connor would rather unilaterally hold press conferences from her campaign than actually work within the Court to resolve issues. She continues to grandstand but has yet to actually engage other members of the court to work with her on her newfound love of proposal-making.

O'Connor's Record

We are so glad O'Connor brings up her record. Maureen O'Connor has a record to be proud of if you are pro-Wall Street and anti-Women.

O'Connor Ruled Against Pregnant Women; Finds Maternity Leave Can Be Conditional Upon Tenure. The Ohio Supreme Court ruled that businesses can fire women for taking time off for pregnancy if they haven't met requirements for length of employment. In a 5-1 ruling, the court said it is not gender discrimination for employers to require a minimum tenure for employees to take an extended leave for any purpose, pregnancy included. The court said that as long as businesses apply their policies evenly -- not distinguishing pregnancy-related leaves from any other kind of medical break -- the employers aren't committing discrimination. [Columbus Dispatch, 6/23/10]

O'Connor Said Woman Can Be Fired For Taking Breaks Because She Was Lactating. The Supreme Court held that a law banning discrimination against pregnant women does not protect new mothers who take unauthorized breaks to use a breast pump. The Court said a company was within its rights to fire an employee who took breaks to pump her breasts an hour before her scheduled break. [Columbus Dispatch, 8/28/09]

O'Connor Upheld Law Protecting Employers Against Suit For Intentional Torts. O'Connor restricted the rights of workers to sue employers to recover for damages from intentional harm by the employer. The Court upheld a 2005 law that specifies the instances in which an employee can sue and places a higher burden of proof on them if they do. [Cleveland Plain Dealer, 3/24/10]

O'Connor Capped Damages For Employees Injured At Work. In the cases where O'Connor has allowed workers to sue for injuries sustained on the job, she sided with businesses and limited damages for noneconomic injuries at a maximum of $350,000. [Columbus Dispatch, 12/28/07]

O'Connor Blocked Employee Suits For Wrongful Discharge When Receiving Workers' Compensation For Injury On The Job. In 2007, the Supreme Court ruled that an at-will employee who was fired for missing work because of an injury that occurred on the job and is receiving workers' compensation payments can't sue for wrongful discharge. [Columbus Dispatch, 12/21/07]

O'Connor Made It Easier For Businesses To Sue Employees. The Supreme Court said that an employer who sues a worker for malicious prosecution after a discrimination complaint is not necessarily retaliatory. O'Connor, in reversing a decision by the Ohio Civil Rights Commission, wrote that the merits of the employer's lawsuit must first be weighed before deciding whether it is illegal. [Cleveland Plain Dealer, 12/13/07]

O'Connor's Experience

Maureen O'Connor had only spent 2 years as a Judge prior to taking the bench on Ohio's highest court. She was elected during a time of single-party rule in Ohio and is the last remaining bastion of the Taft Administration in statewide elected office. The rest of her resume is that of a clear politician whose first priority is advancing to higher political office.

O'Connor continues to show that she will work unilaterally without consensus on the court, is pro-Wall Street and does not represent Ohio's values. On the contrary, Chief Justice Eric Brown has been working on the job as a quiet, thoughtful and patient leader who collaborates with others in order to resolve issues facing the courts. Rather than political grandstanding, which is unbecoming of a Justice, Eric Brown is working hard every day to lead the courts through troubling times.