The U.S. Supreme Court recently ruled in favor of allowing an Ohio constitutional amendment to end qualified immunity to appear on voters’ ballots. Ohio Attorney General Dave Yost had sought to block the amendment from appearing on the ballot in 2024 due to concerns about the language used to describe the issue. However, the court’s decision allows Ohio voters to have the opportunity to move forward with getting the amendment on the ballot. If it passes, the amendment could have significant implications for police officers and public officials who are currently protected by qualified immunity.
The U.S. Supreme Court vacated a stay that was temporarily imposed by Justice Brett Kavanaugh after Yost sought emergency relief regarding the amendment. Kavanaugh, along with Justices Samuel Alito and Clarence Thomas, dissented from the majority decision. The amendment, which was intended to be on the 2024 ballot in Ohio, faced legal challenges as Yost rejected it multiple times due to concerns about the accuracy and fairness of the language used. Despite these challenges, petitioners were able to certify the necessary number of signatures for the amendment.
In March, Judge James Graham ruled in favor of the petitioners behind the amendment, prompting Yost to appeal the decision to the Supreme Court. Yost’s office argued that the language used in the amendment summary was not a fair and truthful representation of the proposed changes. However, the Supreme Court’s decision allows the petition to move forward, and Yost’s office has certified the summary language, although they plan to work with the General Assembly to reform the ballot initiative summary process to protect the integrity of Ohio’s elections.
Mark Brown, an attorney for the organizers, expressed satisfaction with the Supreme Court’s action, stating that it upheld the rights of the petitioners and Ohio voters. Judge James Graham also criticized Yost’s handling of the amendment proposal, noting that the denials of the summaries were overly critical and went beyond ensuring that citizens understood what they were being asked to support. With the petition now certified, it must garner nearly half a million signatures from across the state to move forward in the ballot process.
Overall, the Supreme Court’s decision to allow the Ohio constitutional amendment challenging qualified immunity to move forward represents a significant step for Ohio voters. While the process to get the amendment on the ballot still requires an extensive amount of work and support, the ruling opens the door for potential changes to the current system of qualified immunity affecting law enforcement and public officials in the state. Moving forward, the focus will be on gathering the necessary signatures to ensure the amendment has the opportunity to be voted on by Ohio residents.
