Ohio Appeals Court Declares EdChoice Unconstitutional, Program Remains Pending Supreme Court Review

In May, the 10th District Court of Appeals unanimously held that Ohio's EdChoice school-choice initiative is unconstitutional, pointing to conflicts with the state's mandate for a single public education system and insufficient oversight. Despite the decision, Attorney General Andy Wilson obtained a stay, ensuring the program continues unchanged while he prepares an appeal to the Ohio Supreme Court. Wilson told Ohio residents that the ruling has no immediate impact and reaffirmed his belief that parents should be able to choose schools and that the General Assembly may lawfully support that choice.

The three-judge panel, including Judge David Leland, expressed worries about overlapping programs and the effect on rural students. Opposition groups, such as the Center for Christian Virtue, noted that fewer than half of Ohio’s districts joined the suit and that plaintiffs strategically chose a lower court known for favorable rulings. Pro-choice advocates like Troy McIntosh of the Ohio Christian Education Network warned that overturning EdChoice could affect about 180,000 students and highlighted poor reading and math proficiency rates as a backdrop. Governor Mike DeWine also criticized the appellate decision as legally incorrect and predicted the case would ultimately reach the Supreme Court.