Constitution of Ohio

And Sarah, what did the appeals court say was unconstitutional about the program? What's its problem with it?

Yeah, so in this circumstance, the judge, David Leland, wrote that it violates the Ohio Constitution by funding a separate school st- system instead of abiding by the Constitution, which the state government has to do, and fund a singular public education system, um, that it lacks state oversight, and that it's unavailable to many rural Ohioans who are footing the bill through it by their- by, you know, putting their tax dollars toward it.

Certainly, and we, we...

This has become a very partisan issue.

Judge David J. Leland wrote the opinion for the three-judge panel in Columbus.

The program funds a second school system in violation of the Ohio Constitution's mandate for a single system of common schools, lacks state oversight, and diverts money from public districts.

Now, that's according to that three-judge panel.

The lawsuit came from a coalition called Vouchers Hurt Ohio, whose spokesman, Bill Phyllis, called EdChoice a $1 billion boondoggle for mostly religious schools.

Hmm.

Justice Hawkins, when Ohio Supreme Court candidates receive endorsements from groups, for example, like Right to Life, or Planned Parenthood, or maybe a utility company, are those groups seeking a certain outcome when those candidates are interpreting the Ohio Constitution?

I can't speak for the groups.

I know when I get endorsed by an organization, whether it's Fraternal Order of Police, um, Cleveland Building Trades, all these different organizations, um, they know not to expect a certain outcome or decision from me.

Our decision should be based on whether the law has actually changed in, you know, in written form.

So sometimes the legislature has changed the language, and so that necessitates a different interpretation, right? So that's not, that's not really parting from stare decisis, okay? Um, so there's very limited circumstances, but we as judges should always make sure that we are deciding based on what's presented to us.

When Ohio Supreme Court candidates receive the endorsements of different groups, for, for example, two on opposite ends of the spectrum, Right to Life or Planned Parenthood, we'll say, or a utility company maybe, are these groups seeking a certain outcome when those candidates are interpreting the Ohio Constitution?

I certainly hope not.

So when an Ohio Supreme Court candidate receives the endorsement of a particular group, I'll mention two hypothetical groups on both sides of the spectrum here, Right to Life or Planned Parenthood, for example, or even a utility company or something along those lines.

Are those groups seeking a certain outcome when those candidates are interpreting the Ohio Constitution?

As a former, excuse me, a current candidate and a former judge, I have received contributions from all manner of individuals who care about the court.

I wouldn't presume to... guess at what they might be seeking to use your term when they contribute to any judge or judicial candidate, I think it's important to remember that the canons of judicial ethics expressly permit a candidate to seek, to accept, and to use endorsements.

Again, it gets this as close as we g- have ever gotten to the holding of Dirksen v.

State of Ohio and our constitutional, uh, obligation as a state, and we have, again, lawmakers that have thrown the Ohio Constitution to the wind in that sense and, like, not fully funding our public schools.

But it's making sure, again, our resources are going to where they need to be.

I, I look at my district, and, and funding for public schools also not only was it personal to me back when I was a, a student at the age of 18, inspired my first run for, for public office.

Now, Leah, could we start off maybe by giving us a rundown of what is imminent domain and who can use it?

So I think most people know, but eminent domain is a taking of private property for a public use that is allowed for under the Ohio Constitution when that land is taken and paid for after compensation determined by a jury.

So most governmental entities can take property.

There are sometimes specifics on what they can take property for.

The law Two separate rules.

Article 2, Section 3 of the Ohio Constitution says a representative must live in the district for one full year before the election.

Ohio Revised Code Section 3.15 says he must stay a resident for the whole term or forfeit the seat.

The house was bought October 2025.