LIMA — Ohio Supreme Court candidate Cynthia Rice said Tuesday the statement she made about the Constitution being “a living, breathing document” has been taken out of context and spun by her opponent for political gain.
“I don’t know why it’s taken out of context but what I mean by it is our Constitution has been around over 200 years. I think it’s, if you put it in perspective, I think what was going on when they wrote the Constitution, doctors were still putting leeches on people,” Rice said. “If you think about the fact we have a document that our forefathers wrote so long ago and yet we’re still governed by it, it’s still giving us guidance on how we are supposed to rule on cases, that’s the only thing I meant by it.”
Rice described it as “written so artfully” that the document has been able to survive more than 200 years.
“So, because of that, it’s to the point it lives and is still alive,” she said.
But when questioned if that meant the Constitution is open to interpretation based on the age we live in, she again said she was taken out of context by her opponent, Pat DeWine, and when taken out of context someone can spin words into anything they want.
“As a judge, being, interpreting or reviewing constitutional issues based upon something that was written so long ago, to me, is incredible. That’s the only point that was made of it. I don’t know where it was taken out of context or where he gets this but it doesn’t mean I don’t follow the law,” she said.
The actual statement Rice made was at the Hardin County Democratic Party’s Presidents Day Luncheon in February when she was asked about her judicial philosophy: “We swear to uphold the Constitution of the United States, so I don’t think you can ignore any constitutional guidance we have. Is it subject to interpretation at times? At times, yes. It’s a living breathing document that’s been with us for over 200 years.”
Rice said when she first heard DeWine talking about her statement of the Constitution being a “living, breathing document” she was offended.
“I’ve been a judge for 14 years and when you tell a judge you don’t follow the law, you make it up as you go, that’s horrible. That is a horrible thing for a judge to do,” she said.
Rice said it’s important for judges to recognize their role in government as one of three branches.
“We don’t legislate, we don’t write laws,” she said.
She said such criticism is a way to try to create a fear of a rogue judge.
“I’m anything but a rogue judge. I have been very strict in my interpretation of statues and what they mean so I just think it was kind of bad,” she said.
The 58-year-old Rice said no one can say she is not experienced. Spending more than a decade as a prosecutor putting away criminals and then 14 years on the bench makes her qualified, she said.
Rice, a Democrat, is running because she wants to give more balance to the court that is dominated by Republicans with a six to one majority. She said she would bring a wealth of experience to the court but that does not mean the current justices lack experience.
Rice said she has raised just more than $200,000 but does not know how much it will take to get her message out. She said she has been traveling the state talking to people. She said she comes from a working-class family and worked her way through college holding jobs such as a waitress and factory worker.
She has reservations about the election of judges beyond the county level. She said voters do not know much about candidates running and it can become a “name game,” referring to name recognition.
“Voters don’t know who they are voting for,” she said.
When asked about the delay by Republicans in holding hearings for a man President Barack Obama put forward to fill a role on the U.S. Supreme Court left vacant by the death of Justice Antonin Scalia, essentially blocking the president and allowing the next president decide, she was critical of the Senate.
Rice said the Supreme Court is on hold and the Senate is not doing it’s job. She did not mention the fact Democrats suggested doing the same as recently as the nominations President George W. Bush made.
