The Gavel outside the Supreme Court of the State of Ohio, September 20, 2023, at 65 S. Front Street, Columbus, Ohio. (Photo by Graham Stokes for Ohio Capital Journal. Republish photo only with original article.)
All three Republican Ohio Supreme Court candidates swept their races Tuesday night, giving them a 6-1 majority on the state’s highest court and striking fear into abortion rights advocates while giving hope to anti-abortion advocates.
Republican Hamilton County Court of Common Pleas Judge Megan Shanahan defeated incumbent Democratic Justice Michael P. Donnelly.
Incumbent Republican Justice Joseph Deters, who decided not to run for his current seat, defeated incumbent Democratic Justice Melody Stewart.
Republican Judge Dan Hawkins defeated Democratic Judge Lisa Forbes for Deters’ open seat. Shanahan, Deters and Hawkins each received 55% of the vote, according to the Associated Press unofficial results. Results will remain unofficial until they are 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 starting next year.
“These three conservative pro-life judges earned Ohio’s pro-life vote,” Ohio Right to Life said in a statement. “Now, more than ever, Ohio needs principled and conservative judges on the Supreme Court. … We are thrilled to know that the value of life is in the hearts of these individuals and that they will stand for life.”
Last year, 57% of Ohioans voters enshrined reproductive rights in the Ohio Constitution, but it did not automatically wipe away the anti-abortion laws on the books. There are two ways to get rid of those laws — the legislature repealing them or the court ruling they are unconstitutional under the amendment.
“We are deeply concerned that the majority of the Supreme Court of Ohio will now be held by justices that have been endorsed by extreme anti-abortion organizations,” Abortion Forward Executive Director Kellie Copeland said in a statement. “(The Ohio Reproductive Freedom Amendment) is the law of the land, and it must be enforced, regardless of the personal views of justices sitting on the court.”
It’s up to the Ohio Supreme Court to figure out what exactly the amendment language means.
“As we think about this court going forward, they are going to be more likely to scrutinize the language and look for loopholes than the candidates that lost,” said Catherine Turcer, executive director of Common Cause Ohio.
This was Ohio’s second supreme court election since Republican state lawmakers added party labels to the Ohio Supreme Court races in 2021.
“The Republicans in the legislature that added party labels to the ballot got exactly what they were hoping for,” said Douglas Keith, a senior counsel at The Brennan Center for Justice at NYU Law. “Voters don’t have a ton of information about these races, and as a result, when party labels are there, they lean on party labels to determine who they should vote for.”
Ohio is one of seven states that elects state supreme court justices based on partisan elections. Nonpartisan elections are used in 14 states for state supreme court races.
“The partisan labels became the way that Ohioans got to know the Supreme Court candidates,” Turcer said.
Even though all six candidates were invited, only the Democratic candidates showed up to a forum held in partnership by the City Club of Cleveland and the Ohio Debate Commission at the end of October.
Despite being the longest-tenured prosecutor in Hamilton County, Deters lost that county in Tuesday’s election. His challenger Stewart received 53.5% of the vote in Hamilton County, according to unofficial results from the Ohio Secretary of State.
“Ohioans have voiced their support for judges who will uphold the law and respect our Constitution,” Deters said in a statement to the Ohio Capital Journal. “I’m grateful for their trust in me to continue serving on the Ohio Supreme Court. … As I have throughout my career in public service, I will continue to adhere to the oath I swore to enforce the laws of our state and to make Ohio a better place to live, work, and raise a family.”
Ohio Gov. Mike DeWine appointed Deters to a vacant seat on the court in January 2023, despite having no previous experience as a judge. By not running for his own seat, Deters won a full six-year term.
The Ohio Chamber of Commerce, who endorsed the winning candidates, celebrated the election results.
“As our state continues to grow, our business community needs a legal 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 endorsed these three judges because they will serve with fairness and impartiality to ensure that Ohio businesses and residents can thrive.”
Turcer cautions people against getting overly worried about a Republican dominated supreme court, yet.
“We should focus on their judicial ethics and just pay attention to what’s happening, because at the end of the day, Democrat or Republican, you can be a really good judge or good justice,” she said. “It’s how they make decisions and how they operate ethically or unethically that matters.”
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