Pivotal Ohio Supreme Court election highlights importance of down-ballot races

John Yang:

This past week, a county judge in Ohio struck down the state's near total ban on abortions. He said it violated a voter approved constitutional amendment protecting reproductive rights. The ruling is likely to be reviewed by the state Supreme Court, which underscores the importance of races on many state ballots this fall that are flying under the radar.

Man:

Fixing the border is tough. So is Kamala Harris.

Man:

But businessman and political outsider Bernie Marino will fix it.

John Yang:

Ohio's airwaves are filled with campaign ads.

Sherrod Brown:

I'm Sherrod Brown and I'll never stop fighting for Ohio workers.

John Yang:

For presidential and U.S. Senate candidates.

Kamala Harris:

I'm Kamala Harris and I approve this message.

John Yang:

But what about the three other statewide races?

John Yang:

Do you know who's running for state Supreme Court?

Man:

No.

John Yang:

Do you know who's running for the State Supreme Court?

Man:

Bernie Moreno and what's his name?

John Yang:

Do you know who's running for state Supreme Court?

Man:

No.

Man:

Sherrod Brown.

John Yang:

That's actually the U.S. Senate. The contests for six year terms here on the State Supreme Court aren't getting nearly the attention that the presidential and Senate races are getting here in Ohio. But the outcome of those court elections could have long term consequences for Ohioans in areas like civil rights, redistricting and especially abortion.

John Yang:

Ohio is one of 33 states voting on Supreme Court justices this year, contests that are usually low key and low profile.

Justice Melody Stewart, Supreme Court of Ohio: I wish more people were paying attention.

John Yang:

Justice Melody Stewart, a Democrat and the first black woman elected to the court, is running for reelection.

Justice Melody Stewart:

The other day, I think I was in six different counties and then the engine light came on in my car.

John Yang:

Earlier this month, she met with voters at the home of a supporter in a Columbus suburb.

Justice Melody Stewart:

We drive ourselves around, you know, we schlep our own signs, we hand out our campaign signature. I doubt if Bernie Moreno and Sherrod Brown have placed a sign anywhere.

John Yang:

But the post they're running for can be very powerful.

Alicia Bannon, Brennan Center for Justice: State supreme courts are hearing major high stakes cases across the country.

John Yang:

Alicia Bannon is director of the Judiciary Program at the Brennan Center for Justice at NYU Law School and editor of the State Court Report.

Alicia Bannon:

State supreme courts are typically the final word interpreting state law and state constitutions. So they're really powerful institutions and they're becoming even more important. As in a number of critical areas, the U.S. Supreme Court has increasingly stepped back from being a major source of rights protection.

Man:

Hear ye, hear ye. The Honorable Supreme Court of Ohio is now an open session pursuant to adjournment.

John Yang:

In Ohio, the Supreme Court will have to consider the state's abortion restrictions in light of the constitutional amendment approved last year with 57 percent of the vote, it says every individual has a right to make and carry out one's own reproductive decisions.

Next month's election will shape the composition of the seven justices who will hear the cases. Three seats are at stake and the candidates are running on party tickets. The possible outcomes range from a commanding Republican majority to a slim Democratic majority, which would be the first time in decades that there'd be more liberal justices than conservatives.

Karen Kasler, Statehouse News Bureau Chief:

That's unlikely given how the state is likely to go in terms of Republican vote. Voters can only use ballot drop boxes to.

John Yang:

Karen Kasler is the state House bureau chief for Ohio Public Media and hosted the weekly show The State of Ohio.

Karen Kasler:

When you've got people who are motivated to vote Republican, people who are motivated to vote Democrat, that party label is really important here. Usually Supreme Court races had been at the bottom and there was a lot of fall off between the top of the ticket and the bottom of the ticket. I don't think there's going to be as much fall off this time just because you've got those partisan labels and they're up higher.

John Yang:

While voters may not be paying a lot of attention to these races, groups on both sides of reproductive rights are.

Mike Gonidakis, President, Ohio Right to Life: While all races are important, you know, we care about them all. There's nothing more important than the Ohio Supreme Court.

John Yang:

Mike Gonidakis is president of Ohio Right to Life, which has endorsed all three Republican candidates.

Mike Gonidakis:

We believe on the issue of abortion, we would want a conservative voice deciding what these words mean. The Court, the third branch of government, now needs to weigh in.

Emily Freeman, Planned Parenthood of Greater Ohio: This election, in some ways is an extension of the important vote for the reproductive Freedom amendment that we passed last year.

John Yang:

Emily Freeman is an abortion provider with Planned Parenthood of Greater Ohio, which has endorsed all three Democratic candidates.

Emily Freeman:

Passing that reproductive freedom amendment allowed us to slowly, you know, dismantle those restrictions and return access back to the state of Ohio. I think the take home message is that people in Ohio believe that abortion is healthcare.

John Yang:

Unlike others on the statewide ballot, court candidates like Justice Stewart say much about reproductive rights.

John Yang:

One reason why these races, these three races are being watched so closely, of course, is because of abortion. Can you say anything about that?

Justice Melody Stewart:

Only that, you know, the Reproductive Freedom amendment is the law of the state of Ohio with regard to reproductive rights. And really that's kind of all there is to say about it, at least at this point.

John Yang:

Stewart's Republican opponent, fellow Justice Joe Deteirs, declines an on camera interview, but said in a statement, I swore an oath to uphold our Constitution and that's what I do every day. There might be issues from time to time that I personally disagree with, but that will never affect the duty I have to uphold that oath. It's dangerous when judges are taking partisan approaches to the cases they are handling.

Yet so little attention is being paid to these contests that when voters mark their ballots, many of them may not know much about the candidates beyond their party labels.