Bettman analyzes Ohio Supreme Court decisions construing the Speech, Press, Search and Seizure, Free Exercise, and Establishment Clause analogues of the Ohio Constitution. Here in Ohio, she concludes, New Judicial Federalism remains in its infancy. The Ohio Supreme Court is still struggling with the fundamentals of state constitutional interpretation. It remains heavily dependant on federal methodology when construing analogous provisions of the state constitution. Bettman gives us the unique perspective of a law professor who previously served as an Ohio appellate court judge. This perspective sensitizes her to the current political make-up of the Ohio Supreme Court. Today's court, she observes, is far more conservative than the 1993 tribunal that proclaimed Ohio's embrace of New Judicial Federalism. Thus, there are strong political reasons to suppose that, at least for the time being, the court will not be taking any long strides toward state constitutional independence.
Marianna Brown Bettman,
Ohio Joins the New Judicial Federalism Movement: A Little To-ing and a Little Fro-ing
51 Clev. St. L. Rev.
available at https://engagedscholarship.csuohio.edu/clevstlrev/vol51/iss3/9
Symposium: The Ohio Constitution - Then and Now: An Examination of the Law and History of the Ohio Constitution on the Occasion of Its Bicentennial