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
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.
Defining Legal Parenthood for Same-Sex Families
Now-unconstitutional bans on same-sex marriage can undermine efforts to establish parental rights even today.
What’s at Stake in the 2024 Ohio Supreme Court Elections
The outcome of the races for three seats on the high court could impact Ohio law on abortion, voting rights, gun regulations, and more.
State Constitutional Protections for Transgender People After Skrmetti
A review of recent litigation in state courts provides hints about the future of trans rights.
Abortion and Trans Rights Advocates Turn to Unlikely Tool in State Constitutions
Lawsuits seeking to expand access to abortion and gender-affirming care rely on GOP-backed “health-care freedom" provisions passed to limit the Affordable Care Act.
Federal Workers Have Scant Job Protection in the Constitution
In contrast, some state constitutions protect explicitly both the civil service and public employee unions.