Ohio Supreme Court Revisits Pandemic Unemployment Benefits Dispute
Ohio’s highest court questions why a dispute over early withdrawal from federal pandemic unemployment benefits has returned for a second round of arguments.
COLUMBUS, OHIO — The Ohio Supreme Court heard oral arguments Tuesday in a second case challenging the state’s early withdrawal from federal pandemic unemployment benefits, with Chief Justice Sharon Kennedy questioning why the matter had returned to the court.
“I went back to Bowling 1, we dismissed it as moot,” Kennedy said during the May 20 hearing. “Why are we back here, why didn’t that resolve the case?”
The case stems from Governor Mike DeWine’s June 2021 decision to end Ohio’s participation in the Federal Pandemic Unemployment Compensation program three months before the federal program concluded in September 2021.
Attorney Arguments Focus on Legal Authority
An attorney representing DeWine argued for dismissal of the case, stating she would be satisfied “if the court were to simply put an end to the years of litigation and the waste of judicial resources as well as attorney resources litigating a case that simply has no point.”
However, attorneys for Ohioans who were eligible for the pandemic benefits contended that DeWine should have to request benefits from the U.S. Department of Labor that weren’t received. They argued the governor “lacked the legal authority” to withdraw from the federal program nearly five years ago.
Background on Federal Unemployment Program
The dispute traces back to March 2020 when Congress passed the CARES Act in response to the COVID-19 pandemic. The legislation created the Federal Pandemic Unemployment Compensation program, which provided $600 per week in extra unemployment benefits from March to July 2020, followed by $300 per week in additional benefits until the program’s conclusion.
Attorney Mathura Sridharan from the Ohio Attorney General’s Office told the court that the extra money “disincentivized returning to work, tightening labor markets,” which led to DeWine’s decision to withdraw from the program early.
While states were not required to participate in the federal program, Ohio initially joined but exited in June 2021, reverting to pre-pandemic unemployment benefit levels.
Ongoing Legal Battle
A group of individuals who were eligible for money under the pandemic-era federal program sued the state in 2021 for ending its participation before the program’s scheduled conclusion. The case represents years of litigation over whether the governor had the authority to unilaterally withdraw Ohio from the federal benefits program.
The Supreme Court’s consideration of this second case indicates the legal dispute remains unresolved despite previous court action. The justices will determine whether Ohio must pursue additional federal benefits for residents who lost coverage when the state withdrew early from the program.
