Ohio
Ohio’s highest court is the Supreme Court of Ohio. The court has six justices and one chief justice. The chief justice is chosen by election for a six-year term. (Source: Ohio Constitution)
Judicial Selection
Justices on the Supreme Court of Ohio are selected through a partisan election, where multiple candidates may vie for the seat. The elected justice serves a six-year term. Justices may seek additional terms through partisan elections. When a seat opens in the middle of a justice’s term, the governor appoints a candidate to fill the vacancy. The appointed justice holds office until Ohio’s next general election more than 40 days after the vacancy occurred, unless the remainder of the term concludes within a year of said election, in which case the appointed justice serves the remainder of the unexpired term. If there is an election, the elected justice serves the remainder of the unexpired term. There are no term limits, however, a justice may not be appointed or elected after age 70.
State Constitution
Ohio has had two constitutions adopted in 1802 and 1851. As of January 1, 2024, it had 180 amendments. (Source: John Dinan, 2024)
Filters
Disability Rights Under State Constitutions
Thirty-five years after the passage of the Americans with Disabilities Act, state constitutional anti-discrimination clauses, voting rights, and educational guarantees can expand protections for people with disabilities.
How State Courts Pushed Back on an Infamous U.S. Supreme Court Case
Dred Scott, widely considered a stain on the U.S. Supreme Court’s history, denied citizenship to Black Americans in 1857. Many state supreme courts refused to follow it.
Universal Injunctions in State Courts
Debates over whether a judge in a single county can issue a statewide injunction are brewing. States should not follow the U.S. Supreme Court’s approach.
The History of Same-Sex Marriage in the United States, and What Might Come Next
Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.
State Politicians Broaden Attacks on Direct Democracy
Multiple state legislatures have taken steps to make it more difficult for citizens to amend their laws.
The Ohio Constitution: Its History and Its Future
Recent amendments, and fights against them, demonstrate the importance of the state constitution.
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.