During 2023, the Ohio Supreme Court decided 23 cases that implicated directly or indirectly the Ohio Constitution. Some of these cases had detailed opinions addressing the Ohio Constitution while others only mentioned the Ohio Constitution in passing. And some cases declined to reach the state constitutional issue.
These cases (and others back to 2000) are summarized on the Ohio Constitution: Law and History website under Court Decisions (link).
The website also includes an Ohio Supreme Court Pipeline (link), which identifies those cases involving the Ohio Constitution that the court is considering. The Pipeline is generally updated monthly.
The 2023 cases include 14 civil cases and 9 criminal cases. The 14 civil cases break down as follows:
- abortion—1 case
- administrative law—1 case
- ballot issues—state—5 cases
- ballot issues—local—2 cases
- judicial removal—1 case
- mootness—1 case
- public records—1 case
- redistricting—1 case
- vexatious litigator—1 case
Here is a listing of the cases with brief indications of what they involve. The full summaries are on the website.
Civil Cases
Preterm-Cleveland v. Yost, 2023-Ohio-4570 (December 15, 2023) (abortion)
League of Women Voters of Ohio v. Ohio Redistricting Commission, 2023-Ohio-4271 (November 27, 2023) (redistricting)
State ex rel. Repp v. Best, 2023-Ohio-3924 (November 2, 2023) (removal of judges from office)
In re Application of Alamo Solar I, L.L.C., 2022-Ohio-0053 & 2022-Ohio-0054, (October 18, 2023) (judicial interpretation of regulations)
State ex rel. Hildreth v. LaRose, 2022-Ohio-1213 (October 8, 2023) (local ballot petition involving drag shows)
State ex rel. Ohioans United for Reproductive Rights. v. Ohio Ballot Bd., 2023-Ohio-3325 (September 19, 2023) (ballot language explaining the proposed reproductive rights constitutional amendment)
State ex rel. Crenshaw v. Cuyahoga Cnty. Bd. of Elections, 2023-Ohio-3377 (September 19, 2023) (city charter signature and residency requirements for candidates for judge or clerk of the Cleveland Municipal Court,
Giroux v. Committee Representing the Petitioners, 2023-Ohio-0946 (August 11, 2023) (challenge to the language of the proposed reproductive rights amendment)
Highland Tavern, LLC v. DeWine, 2022-Ohio-0014 (August 1, 2023) (mootness of challenge to rule adopted in response to the COVID-19 pandemic)
State of Ohio ex rel. One person One Vote v. LaRose, 2023-Ohio-1992, (June 16, 2023) (use of joint resolution to schedule a special election on a proposed constitutional amendment)
State of Ohio ex rel. One Person One Vote v. Ohio Ballot Board, 2023-Ohio-1928 (June 12, 2023) (language explaining a proposed constitutional amendment to increase the vote required to approve proposed constitutional amendments)
State of Ohio ex rel. DeBlase v. Ohio Ballot Board, 2023-Ohio-1823 (one amendment/separate vote requirement for proposed constitutional amendments)
State ex rel. Simpson v. Melnick, 2023-Ohio-783, (March 16, 2023) (vexatious litigator)
State ex rel. Ware v. Parikh, 2023-Ohio-759, (March 15, 2023) (inapplicability of Public Records Act to the records of a county clerk)
Criminal Cases
State v. Swazey, 2023-Ohio-4627 (December 22, 2023) (guilty plea as a waiver of the ability to appeal)
State v. Daniel, 2023-Ohio-4035, (November 9, 2023) (constitutionality of the reduced-registration provision of the statute mandating registration of arson offenders)
State v. Gwynne, 2021-Ohio-1033 (October 25, 2023) (consecutive sentencing and the sole power of the General Assembly)
State v. Jordan, 2022-Ohio-0736 (October 24, 2023) (manifest-weight-of-the-evidence challenge to a criminal conviction)
State v. Williams, 2022-Ohio-0121(October 10, 2023) speedy trial enforcement)
State v. Toran, 2023-Ohio-1203 (October 4, 2023) (not addressing boilerplate state constitutional challenge to an inventory search of a vehicle)
State v. Miller, 2022-Ohio-0321 (September 28, 2023) (not reaching actual innocence claim under the Ohio Constitution)
State v. Hacker, 2020-Ohio-2535 (July 26, 2023) (constitutionality of Reagan Tokes Law)
State ex rel. Reynolds v. Kirby, 2023-Ohio-782 (March 16, 2023) (power of probate courts)