Policy group pushes for court hearing, against additional benefits

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(The Center Square) – For the third time, a Columbus-based policy group is pushing the Ohio Supreme Court to uphold that the governor does not have to accept federal money if offered.

The amicus brief centers on an appeals court ruling two months ago that said the state must reinstate participation in the COVID-19 federal unemployment fund and potentially hand out $900 million in extra unemployment benefits.

It’s the second time around for the lawsuit, which challenged Ohio’s Cooperation Statute that courts ruled required the governor to take all federal money offered.

The Supreme Court refused to hear the case the first time around after the Republican majority state Legislature changed the statute to clarify that the money does not have to be accepted.

However, the trial court and Ohio’s 10th District Court of Appeals ruled against the state following the change, saying the state must distribute the $900 million it refused to accept when it opted out of the Federal Pandemic Unemployment Compensation Program.

The program offered an extra $300 per week to those unemployed between Dec. 27, 2020, and Sept. 6, 2021. DeWine said the program was discouraging Ohioans from returning to work.

Twenty-four other states also opted out of the program.

“Even before the Ohio General Assembly clarified Ohio law, Governor DeWine was well within his authority to opt out of the Federal Pandemic Unemployment Compensation Program,” said Jay R. Carson, senior litigator at The Buckeye Institute. “By hearing Bowling v. DeWine again, the Ohio Supreme Court has the opportunity to make clear Ohio’s Cooperation Statute does not require the governor to accept every federal dollar offered.”

Marc E. Dann, lead counsel of the plaintiffs, said the ruling to reinstate the program is important following the recent reduction in food and other benefits in the state budget.

“Injecting up to $3,000 into 300,000 working-class households will temporarily take the sting out of those cuts,” Dann said.

In 2021, a judge ruled for the state, but an appeals court overturned that ruling. By the time the case reached the Ohio Supreme Court, the benefits had expired, and the court said the case was moot.

In 2024, Franklin County Judge Michael Holbrook allowed plaintiffs to bring an amended claim.