In an interview with Bill Hemmer of FOX News yesterday, Senate President Tom Niehaus agreed that even if the Tea Party's "Ohio Health Care Freedom Act" does pass, state law will not trump federal law meaning the vote for the Ohio Consitutional Amendment will have no legal force or effect whatsoever.
HEMMER: What I read is that there might be a court challenge even before you get to November. I don't know if that's the case or not. But critics contend even if it does pass, state law will not trunk (sic) federal law here. Are they right?
NIEHAUS: Well, that's true, but again I think it's important that voters have an opportunity to tell their elected officials in Washington, and in particular the president of the United States, how they feel about some of his initiatives.
A constitutional amendment that is known to be legally null and void before it is even voted upon? Why would the leader of Republicans in the Ohio Senate be for that? Could it be that he recognizes the need to try to stir up the referendum's tea party supporters to get them to the polls this fall hoping they will vote for maintaining SB5?