Ohio jobless lawsuit ruled ‘incomplete’
A Franklin County judge must consider more factors before deciding whether to reinstate an extra $300 in weekly federal unemployment benefits for Ohioans, a divided appeals court ruled Tuesday.
That means Ohioans who received $300 in extra weekly federal unemployment benefits are still in limbo. Franklin County Common Pleas Court Judge Michael Holbrook will have to take a look at other factors and issue a new decision.
In the meantime, former Ohio attorney general Marc Dann wants the Ohio Department of Job and Family Services to reinstate the extra $300 in benefits through Labor Day, when they are set to expire nationwide. Dann brought a lawsuit to restore the benefits after Gov. Mike Dewine ended them early.
In a 2-1 decision, the appeals court ruled Tuesday that Holbrook must consider two additional factors – unjustifiable harm to third parties or any public interest served by restoring the benefits – before deciding that Dewine had the authority to block benefits.
“The analysis remains incomplete,” wrote 10th District Court of Appeals Judge Michael Mentel.
Judge Lisa Sadler dissented, saying that the appeals court didn't have the authority – called jurisdiction – to hear the case now. Ohioans suing to restore benefits might have had another remedy, she wrote.
Sadler did not pass judgment on the underlying argument: whether Dewine had the power to block payments.
Holbrook had previously ruled that Dewine had the authority to stop these payments before Labor Day. Dann hopes to set a new hearing with Holbrook this week.
Ohio Attorney General Dave Yost's office, which is representing Dewine, could appeal the 10th District Court of Appeals' ruling, too. They are reviewing the decision.
What’s the backstory?
Dewine ended an extra $300 per week in federal pandemic unemployment benefits on June 26. He said the payments were discouraging Ohioans from returning to work.
But several Ohioans receiving those benefits filed a lawsuit, arguing Dewine didn't have the authority to stop benefits approved by Congress in March 2020.
The additional $300 payments are set to expire on Labor Day, and President Joe Biden's administration recently said it wouldn't extend them past Sept. 6.
Similar lawsuits were filed across the nation. In Indiana, an appeals court sided with Gov. Eric Holcomb's decision to end the payments early. But the state must give residents 30 days notice of a change so they will expire in September.
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.