A school voucher lawsuit currently in the Franklin County Court of Common Pleas will likely make its way before the Ohio Supreme Court eventually — meaning whichever candidates are elected to the state’s high court this fall could end up ruling on this pivotal school funding case.
Six candidates are running for three seats on the Ohio Supreme Court. Republicans currently hold a 4-3 majority. If Democrats win all three races, the court would flip 4-3 Democratic. However, if Republicans win all three races, it would become a 6-1 Republican court.
Incumbent Democratic Justice Michael P. Donnelly is being challenged by Republican Hamilton County Court of Common Pleas Judge Megan Shanahan.
Incumbent Democratic Justice Melody Stewart is being challenged by incumbent Republican Justice Joseph Deters, who decided not to run for his current seat and instead chose to go up against Stewart.
Democratic candidate Lisa Forbes, of the Eighth District Court of Appeals, and Republican candidate Dan Hawkins, of the Franklin County Court of Common Pleas, are fighting for Deters’ open seat.
Vouchers Hurt Ohio lawsuit
Vouchers Hurt Ohio filed a lawsuit in 2022 targeting the EdChoice private school voucher program, arguing the program has grown disproportionately while resources for public school districts have dwindled. The lawsuit has gone on to gain support from more than 200 Ohio school districts. Since filing the lawsuit, Ohio enacted universal school vouchers through last year’s state budget.
“Everybody has an interest in the school voucher case,” Ohio Education Association President Scott DiMauro said. “I’m sure, regardless of who prevails in the lower courts, that case is going to make its way to the Supreme Court, and so composition on the court that’s going to be open to looking at that issue fairly, and looking at what the constitution says is really important for the future of public education in Ohio.”
The lawsuit has a Nov. 4 court date, the day before the election.
“Having a court that will heed the words of our State Constitution that calls for a thorough and efficient system of common schools across the state is really important to us in a court that’s going to be balanced, that’s going to be fair, that is going to exercise good judgment and not act in the way that suggests that it’s in the pocket of interest,” DiMauro said.
The Ohio Supreme Court has been under Republican control since 1986. Partisan labels were added to the previously-nonpartisan races by the state legislature in 2021.
“When you have a court now that is unbalanced, and that is partisan, I think you’re less likely to have that kind of outcome that is really looking at the text of the constitution, and fundamentally is going to act in a way that’s in the best interest of all students across the state, including the close to 90% of kids who attend our public schools,” DiMauro said.
The Buckeye Institute, a public policy think tank, supports private school vouchers.
“We think vouchers are clearly constitutional from the national standpoint as it relates to the Federal Constitution,” said Buckeye Institute Research Fellow Greg Lawson. “I think the makeup of the (Ohio Supreme) Court would have potentially some impact on what the outcome of that case could be. But again, it’s highly questioned. We don’t know how the election is going to turn out, so it’s hard to read the tea leaves until after the dust settles.”
It’s vital the Ohio Supreme Court remains independent, DiMauro said.
“I think what this Republican legislature has done over the past years … is that they want a court that’s going to be an extension of their political power,” DiMauro said. “They’ve very deliberately tried to make this a partisan court, and we need a court that will be above partisan politics in order to serve as a check and balance on the legislature and a check and balance on the governor.”
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