COLUMBUS, Ohio (AVC News) — The Ohio Supreme Court has again rejected a lawsuit seeking approximately $900 million in additional pandemic unemployment benefits for hundreds of thousands of Ohioans.
In information gathered from the Statehouse News Bureau, the court ruled Friday that the case is moot because the federal pandemic unemployment program ended in 2021. The decision marks the second time the state’s highest court has reached that conclusion.
The lawsuit argues that Ohio law gave the Ohio General Assembly, rather than Gov. Mike DeWine, the authority to end the additional $300 weekly federal unemployment payments early.
DeWine ended Ohio’s participation in the program in May 2021, several months before the federal program was scheduled to end.
The plaintiffs argued that the governor did not have the authority to terminate the benefits without legislative action.
The Ohio Supreme Court previously ruled the case moot in November 2022. The plaintiffs returned to court, arguing the earlier decision involved a preliminary injunction rather than the central question of whether DeWine had the authority to end the program early.
In 2025, a Franklin County judge ruled in favor of the plaintiffs, ordering the state to ask the federal government for approximately $900 million in pandemic unemployment funds. The Tenth District Court of Appeals later upheld that decision.
Marc Dann, an attorney representing the plaintiffs and a former Ohio attorney general, said he plans to ask the Ohio Supreme Court to reconsider its latest decision.
Dann estimates approximately 300,000 Ohioans could be owed about $3,000 each.
He also argues that federal money appropriated for the pandemic unemployment program remains available and that Ohio could still request the funds.
The Federal Pandemic Unemployment Compensation program, commonly known as FPUC, provided an additional $300 per week in unemployment benefits during the COVID-19 pandemic. The program officially ended nationwide in September 2021, although 26 states ended their participation earlier.
Dann said the case also raises a broader question about the separation of powers between Ohio’s governor and legislature.
He argued that the case could have implications beyond the disputed unemployment benefits, particularly regarding the limits of executive authority.
The Ohio Education Research Center at Ohio State University reported that approximately 1.1 million people applied for unemployment benefits in Ohio between Jan. 1 and April 25, 2020, during the early months of the pandemic.
The latest Supreme Court ruling does not necessarily mark the final step in the lawsuit. Dann said the plaintiffs are preparing a motion asking the justices to reconsider the decision, although he acknowledged the case is approaching its final stages.
Last Updated on August 26, 2026 by AVC News
