A voucher case currently being argued in Franklin County Common Pleas Court will likely eventually go to the Ohio Supreme Court — meaning candidates elected to the state’s highest court in the fall could issue a ruling on this key school funding issue.
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 will change to 4-3 Democrats. However, if Republicans win all three races, the court will become a 6-1 Republican court.
Incumbent Democratic Judge Michael P. Donnelly is running against Republican Hamilton County Common Pleas Judge Megan Shanahan.
Incumbent Democratic Judge Melody Stewart faces incumbent Republican Judge Joseph Deters, who decided not to seek his current seat and instead faced Stewart.
Democratic candidate Lisa Forbes for the Eighth Circuit Court of Appeals and Republican candidate Dan Hawkins for the Franklin County Court of Common Pleas are vying for the open seat in Deters County.
Vouchers Hurt Ohio’s Trial
Vouchers Wholesale Ohio filed suit in 2022 targeting the private school voucher program EdChoice, arguing that the program has grown disproportionately while resources for public school districts have shrunk. The lawsuit has won the support of more than 200 Ohio school districts. Since the lawsuit was filed, Ohio has implemented universal school vouchers in last year’s state budget.
“Everyone is interested in the issue of school vouchers” Ohio Education Association President Scott DiMauro said:I’m sure that regardless of who wins in the lower courts, this will go to the Supreme Court, so having a court that is open to hearing this issue fairly and looking at what the Constitution says is really significant for the future of public education in Ohio.
The lawsuit has Court date November 4the day before the elections.
“It is critically important to us that a court that will uphold the words of our State Constitution, which calls for a comprehensive and efficient statewide public school system, be a balanced, fair court that will render good judgment and will not act in a manner that suggests it is in the pocket of special interests.” DiMauro said.
The Ohio Supreme Court has been under Republican control since 1986. In 2021, the state legislature added party labels to previously nonpartisan races.
“When you have a court now that is unbalanced and biased, I think it’s less likely that you’re going to get an outcome that really takes into account the text of the constitution and basically acts in a way that’s in the best interest of all students across the state, including nearly 90 percent of the kids who attend our public schools.” DiMauro said.
Buckeye Institute, Public policy think tank supports vouchers for private education.
“We believe that vouchers are clearly constitutional from a domestic perspective because they relate to the federal Constitution,” the Buckeye Institute said. Researcher Greg Lawson. “I think the makeup of the (Ohio) Supreme Court would potentially have an impact on what the outcome of this case might be. But again, that’s highly contested. We don’t know how the election will go, so it’s hard to read the tea leaves until the dust settles.”
It is significant that the Ohio Supreme Court remains independent, DiMauro said.
“I think what the Republican legislature has done in recent years is that they want a court that is an extension of their political power.” DiMauro said. “They have very consciously tried to make this a partisan court, and we need a court that is above partisan politics to serve as a check and balance on the legislature and a check and balance on the governor.”
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