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Capital Care Network’s Motion for Reconsideration Still Pending
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FOR IMMEDIATE RELEASE, February 27, 2018 (Toledo, OH): Yesterday Attorney General Mike DeWine’s office filed with the Ohio Supreme Court its response to Capital Care Network’s motion for reconsideration. Please accept my sincere apology for my fake news report yesterday. The pull quotes below are totally accurate and it is our belief the Ohio Supreme Court will affirm its ruling, as it considers both the Capital Care’s motion for reconsideration and the State of Ohio’s counter-argument. Here are some pull quotes from the motion filed yesterday by the AG’s Office; “Appellee Capital Care Network of Ohio (the “Clinic”) offers no sound reason for the court to reverse course and reconsider its decision upholding the Department of Health’s 2014 order revoking the Clinic’s license. The Clinic is wrong. Reconsideration here is unjustified, and allowing a party to undo a judgment after a decision would undermine the rule of law.”
“The Court’s decision and the Department’s 2014 Order were both correct, and newly created evidence does not change the past revocation for past noncompliance.” “The Clinic’s promise to come into compliance now does not change the past. It rightly lost its old license.”
“Thus, reconsideration in this Court is unwarranted, because the Clinic does not and cannot say that the decision was wrong when issued. The new agreement does not undermine the correctness of the 2014 Order, which was right when the Department issued it, was right when the Court upheld it weeks ago, and remains right today.”
“The Clinic should apply for a new license, not upend the finality of the Court’s decision. If the Clinic now is eligible for a license by virtue of the new agreement, it can and should simply apply to the Department for a new license, just as any new surgical clinic can do. If it meets all of the qualifications, including a transfer agreement, it will get a new license. If somehow, the new application is denied, the Clinic can appeal that denial.”
“Let us pray that the Ohio Supreme Court will move expeditiously on the pending motion. Regrettably, every day Capital Care remains open three innocent lives are destroyed” (on average) said Ed Sitter, Executive Director of Greater Toledo Right to Life.
 Website: www.fflnwo.org
Phone: 419.535.5800
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