Lavin v. Husted, No. 11-3908 (6th Cir. 2012)
Annotate this CaseState Attorney-General and county-prosecutor candidates may not accept campaign contributions from Medicaid providers or any person with an ownership interest in a Medicaid provider, Ohio Rev. Code 3599.45. The plaintiff physicians are Medicaid providers who attempted to contribute to Cordray’s 2010 campaign for reelection as Ohio Attorney General. When the campaign learned that the plaintiffs were Medicaid providers, however, it refused to accept their contributions. The plaintiffs challenged the statute. The district court upheld the law as supported by a general interest in “preventing corruption,” stating that the court should not “second guess” the Ohio Legislature’s means of furthering that interest. The Sixth Circuit reversed. The contribution ban is not closely drawn to “avoid unnecessary abridgement of associational freedoms.” A claim that the law prevents corruption, is “dubious at best.”
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