Jay Carson Files Amicus Brief Urging the Court for Protection from Government Overreach


On November 29, 2021, Jay Carson, on behalf of Wegman Client The Buckeye Institute filed an amicus brief with the Ohio Supreme Court.  The brief urges the Court to protect the public from government overreach which is in violation of one the American government’s fundamental components – separation of powers.

The issue arose when an independent engineer contractor was refused certification by the State Board of Registration for Professional Engineers and Surveyors because he was an independent contractor and not an employee of the company.  In response to the board’s decision, the independent contractor filed suit with the Hamilton County Court of Common Pleas and subsequently appealed to the First Appellate District of Ohio. Both courts concurred that the board has full discretion over these types of issues.  The Pacific Legal Foundation challenged that decision from the First Appellate District of Ohio by filing a brief with the Ohio Supreme Court challenging the issue of the courts automatically deferring to the administrative agencies’ interpretation (Twism Enterprises v. State Board of Registration for Professional Engineers and Surveyors).

The amicus brief filed by the Buckeye Institute concurs with The Pacific Legal Foundation’s brief and challenges the practice of consideration that courts afford to administrative agencies and the larger issue of separation of powers. “This Court’s decision on when and how much deference to afford administrative agencies will affect every Ohio citizen and every Ohio business in ways that cannot be foreseen based on rules that have yet to be written. This case thus presents substantial constitutional issues and matters of great public concern.”

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