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Ohio Supreme Court races: What's at stake

The Supreme Court of the State of Ohio
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COLUMBUS, Ohio — The November election will be vitally important for not just the future of the country — but also for the state. On social issues that impact all families, the Ohio Supreme Court races are some of the most significant.

"Unwanted pregnancy is a hard thing," Stark County voter Janet Barinno said. "It really is a hard thing."

Ohio’s highest court will decide on issues that Barrino said are essential, like abortion regulations.

"It's a big toss-up with that," she added.

After voters chose to protect access to abortion, advocates have been going to court to repeal dozens of restrictions. They have been successful in the lower courts so far, like repealing a block to telehealth prescriptions, but those cases will eventually all end up in the Supreme Court.

Clinics around Ohio are now able to prescribe the abortion pill mifepristone virtually and can send it to pharmacies or directly to homes through mail-order medication services thanks to a new state court ruling.

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Right now, there is a 4-3 Republican majority on the court, but three races will determine the future makeup.

Supreme Court Justice Melody Stewart, a Democrat, will defend her seat against Justice Joe Deters. He chose to vacate his seat to run for hers.

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Democratic Justice Michael Donnely will face off against Cincinnati Republican Judge Megan Shanahan.

Cleveland Democratic Judge Lisa Forbes and Columbus Republican Judge Dan Hawkins are both vying for the remaining open seat.

When it comes to issues surrounding abortion regulations, the Democrats were all endorsed by Planned Parenthood, while Ohio Right to Life supports the Republicans.

But it isn’t just abortion that will be on the table.

Daviel Molina, in Canton, is thinking about cases involving school funding and the voucher system, where public schools are suing the state to prevent money from being spent to send kids to nonpublic schools.

"A lot of people can't afford private schooling; it would be nice to have better public schooling, period," Molina said. "Better spending in public school education system would be nice."

The court is also expected to rule on cases revolving around home rule and firearms.

"I like my guns," he laughed. "I mean, come on, the right to bear arms — it won't be infringed, shall not be infringed."

Both Columbus and Cincinnati have been battling the state. They have passed gun safety measures, like requiring a lock box for your gun. The state has been fighting against them, saying they don’t have the authority to create their own firearm laws.

I have a series covering the home rule fight between cities and the state government. My analysis shows lawmakers tend to pick and choose which local governments have the authority to pass ordinances. Typically, it's the state supporting rural areas and denying urban areas.

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Barrino hopes a new court will let cities decide for themselves.

"Have meetings, council meetings and stuff on that — have voting," she said. "Work together with a lot of things."

And when it comes to voting and giving the power back to the citizens, the court will have to evaluate redistricting reform.

Ballot Issue 1 will determine the future of how the state draws congressional and legislative maps. The court will need to enforce the amendment if it passes — but if it doesn't, the court will continue to rule on gerrymandering arguments.

Other issues the Supreme Court will evaluate have to deal with environmental protections and LGBTQ+ rights.

On Wednesday, the Tenth District Court of Appeals will hear arguments on House Bill 68, which banned gender-affirming care for transgender youth. A Republican judge in Columbus ruled in August that the prohibition could go into effect.

A panel of three appellate judges will decide on the matter; however, seven out of the eight of the judges are Democrats, so it's likely the lower court will be overruled. This case will likely end up in the Supreme Court.

Back in July, parents and doctors testified to prevent the state from enforcing the ban, citing the ban would "deny basic human rights."

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But who are the judges? We will deep-dive into their beliefs in future stories. In the meantime, our media partners at the Ohio Capital Journal explain here.

As part of our election series, we will be breaking down the biggest races and going to different areas of the state to hear from a diverse group of voters. If you have questions or are interested in learning more about a topic — email me at Morgan.Trau@wews.com.

Follow WEWS statehouse reporter Morgan Trau on Twitter and Facebook.