A resolution passed unanimously out of an Ohio House committee this week pressures the state attorney general to file a lawsuit over a section in a federal law that has already been upheld in court.
House Resolution 41, sponsored by two Republicans, Rep. Jim Butler, from near Dayton, and Rep. Ron Young, from northeast of Cleveland, asks the Ohio legislature to condemn Section 1021 of the National Defense Authorization Act of fiscal year 2012. The bill is renewed annually by Congress and appropriates money to fund the U.S. Department of Defense.
The full Ohio House will likely consider the resolution soon, since it moved out of the House Military and Veterans Affairs Committee on Tuesday, said Mike Dittoe, spokesman for the House Republican caucus.
It also asks Attorney General Mike DeWine to “challenge the constitutionality of Section 1021.” DeWine has “not taken a position on the resolution at this time,” said Dan Tierney, spokesman for the attorney general’s office.
Section 1021 affirms the power of the U.S. military to indefinitely detain those who have “ engaged in hostilities toward” the U.S. That power was first granted to the military, at the behest of President George W. Bush, under a measure passed by Congress shortly after the Sept. 11 attack in 2001.