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Politics · October 16, 2026

Ohio Court Strikes Down a Scholarship Program That Supports More Than 100,000 Families

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A three-judge panel of the 10th District Court of Appeals has ruled that Ohio's EdChoice private school voucher program is unconstitutional. The unanimous decision by the Democratic panel found that the program, which uses over $1 billion in taxpayer funds annually, violates the state constitution's mandate for a 'thorough and efficient system of common schools.' The court argued the program creates a competing system of 'uncommon schools' with less oversight and selective admissions. However, the ruling has been stayed, allowing more than 100,000 families to continue using the vouchers while Ohio Attorney General Andy Wilson appeals the case to the Republican-controlled Ohio Supreme Court.

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Reported across the spectrum

  • The 10th District Court of Appeals unanimously ruled the EdChoice voucher program unconstitutional.
  • The program remains in effect while the state appeals the decision.
  • Ohio Attorney General Andy Wilson intends to appeal the ruling to the Ohio Supreme Court.
  • The voucher program costs the state more than $1 billion annually.
  • The case involves a coalition of over 300 public school districts that sued the state.
  • The ruling cited the Ohio Constitution's requirement for a 'thorough and efficient system of common schools.'

Reported by only some outlets

  • The 10th District Court of Appeals panel consists entirely of Democrats.
  • The Ohio Supreme Court is currently controlled by a 6-1 Republican majority.
  • Specific voucher amounts range from approximately $6,166 to $8,408 depending on grade level.
  • The Ohio Supreme Court previously found school choice constitutional in a 1999 case regarding a Cleveland scholarship program.
  • Libertarian candidates support the vouchers but desire more transparency.

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