All three Republican candidates for the Ohio Supreme Court received votes races Tuesday night, giving them a 6-1 majority on the state Supreme Court and striking fear among abortion rights supporters while giving hope to anti-abortion advocates.
Megan Shanahan, a Republican judge of the Hamilton County Court of Common Pleas, defeated Democratic incumbent Judge Michael P. Donnelly.
Incumbent Republican Judge Joseph Deters, who chose not to run for his current seat, defeated incumbent Democratic Judge Melody Stewart.
Republican judge Dan Hawkins defeated Democratic judge Lisa Forbes for Deters’ open seat. Shanahan, According to unofficial results from the Associated Press, Deters and Hawkins each received 55% of the vote. The results will remain unofficial until certified by local boards of elections and the Ohio Secretary of State.
Republicans have controlled the Ohio Supreme Court since 1986, and their current 4-3 majority will become a 6-1 majority next year.
“These three conservative pro-life judges won the pro-life vote in Ohio,” Ohio Right to Life said in a statement. “Now more than ever, Ohio needs principled and conservative Supreme Court justices.[…]We are thrilled to know that the value of life is in the hearts of these individuals and that they will advocate for life.”
Last year, 57% of Ohio voters enshrined reproductive rights in the Ohio Constitutionbut it did not automatically erase anti-abortion laws. There are two options for getting rid of these provisions – the legislator repealing them or a court ruling that under the amendment they are inconsistent with the constitution.
“We are deeply concerned that a majority of the Ohio Supreme Court will now rule in the hands of judges supported by extreme anti-abortion organizations,” she added. Abortion Forward Executive Director Kellie Copeland said in a statement. “(The Ohio Reproductive Freedom Amendment) is the law of the land and must be enforced regardless of the personal views of the judges on the court.”
It is up to the Ohio Supreme Court to determine what exactly the amendment language means.
“When we think about the future of this court, we will be more likely to examine the language and look for loopholes than the candidates who lost,” said Catherine Turcer, executive director of Common Cause Ohio.
Since then, this has been Ohio’s second Supreme Court election Republican state lawmakers have added party labels to the 2021 Ohio Supreme Court races.
“Republicans in the Legislature who added party labels to their ballots got exactly what they hoped for,” he said Douglas Keith, senior counsel at The Brennan Center for Justice at New York University. “Voters don’t have a lot of information about these races, so when party labels come up, they rely on party labels to determine who they should vote for.”
Ohio is one of seven states that select state Supreme Court justices on a partisan basis. Fourteen states have nonpartisan elections for state Supreme Court elections.
“Partisan labels have become the way Ohioans learn about Supreme Court nominees,” Turcer said.
Even though all six candidates were invited, only Democratic candidates showed up forum organized in cooperation by the City Club of Cleveland and the Ohio Debate Commission in overdue October.
Despite being the longest-serving prosecutor in Hamilton County, Deters lost the county in Tuesday’s election. According to unofficial voting results, his rival Stewart received 53.5% of the votes in Hamilton County Secretary of State of Ohio.
“Ohioans have expressed their support for judges who will follow the law and respect our Constitution,” Deters said in a statement to the Ohio Capital Journal. “I am grateful for the confidence they have in me to continue serving on the Ohio Supreme Court.[…]As I have throughout my career in public service, I will continue to uphold my oath to enforce our state’s laws and make Ohio a better place to live, work and raise a family.”
Ohio Gov. Mike DeWine appointed Deters to fill a vacant court seat in January 2023, despite having no prior experience as a judge. Without running for his own seat, Deters won a full six-year term.
The Ohio Chamber of Commerce, which endorsed the winning candidates, celebrated the election results.
“As our state continues to evolve, our business community needs a regulatory climate that is both predictable and consistent,” Steve Stivers, president and CEO of the Ohio Chamber of Commerce, said in a statement to the Ohio Capital Journal. “We supported these three judges because they will act fairly and impartially to ensure Ohio’s businesses and residents thrive.”
Turcer warns people not to worry too much about the Republican-dominated Supreme Court.
“We should focus on their judicial ethics and just pay attention to what’s going on because at the end of the day, whether you’re a Democrat or a Republican, you can be a really good judge or a good justice,” she said. “What matters is how they make decisions and how they act ethically or unethically.”
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