Ohio Supreme Court dismisses appeal on Gov. DeWine's ending of extra COVID jobless aid

The Ohio Supreme Court unanimously dismissed an appeal over whether Gov. Mike DeWine had the power to cut off an extra $300 per week in federal unemployment benefits.

The one-sentence decision dismissed the appeal as "moot." Without a court order requiring the federal government to hold onto these extra unemployment benefits, it wasn't clear if the money still existed.

“Because the case was ruled moot, the case is over," said Bethany McCorkle, a spokeswoman for Ohio Attorney General Dave Yost. "No lower court awarded relief to the challengers, and now no court can. This is a victory for the state."

At the beginning of the COVID-19 pandemic, Congress approved an additional $600 per week in unemployment benefits. That sum was later reduced to $300 per week in December 2020.

In June 2021, DeWine stopped those extra federal unemployment benefits, citing concerns from businesses struggling to fill positions.

Several unemployed workers sued, saying DeWine didn't have the power to unilaterally cut off benefits that the federal government offered Ohioans through Sept. 6, 2021.

Judge Michael Holbrook of Franklin County Common Pleas Court initially ruled that DeWine had the power to halt those payments. The 10th District Court of Appeals overturned that decision, asking Holbrook to consider additional factors. But Holbrook couldn't proceed because the state appealed to the Ohio Supreme Court.

Former Attorney General Marc Dann, who represented Ohioans suing for benefits, said they would continue to fight for the approximately 300,000 Ohioans seeking up to $3,000 per person in compensation.

"It is our understanding that the benefits budgeted by Congress are still available," Dann said. "We will continue the fight to make sure that each person impacted is paid."

Dann said the underlying question of whether DeWine had the power to block this money was already answered by the appeals court, which found DeWine overstepped. Dann called the Ohio Supreme Court's decision "curious" but maintained it wasn't the end.

During oral arguments, Justice Pat Fischer asked whether this case was moot.

Chief Deputy Solicitor Michael Hendershot replied: “Because we don’t know with assurances from the Department of Labor whether the money is still there or not, the legal consequences of the 10th District’s ruling are still something that we have the opportunity to reverse."

Justice Pat DeWine recused himself from the case, which involved his father's decision as governor. Instead, Judge Emanuella Groves of the Eighth District Court of Appeals filled in.

Jessie Balmert is a reporter for the USA TODAY Network Ohio Bureau, which serves the Akron Beacon Journal, Cincinnati Enquirer, Columbus Dispatch and 18 other affiliated news organizations across Ohio.

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This article originally appeared on Cincinnati Enquirer: Ohio Supreme Court dismisses appeal over state ending extra jobless aid