Antonio, Hicks-Hudson Commend Court in Amicus Brief Ruling

Today, Senate Democratic Leader Nickie J. Antonio (D-Lakewood) and state Senator Paula Hicks-Hudson (D-Toledo) commended the Ohio Supreme Court for rejecting an attempt by Ohio Attorney General Dave Yost to restrict the caucus' ability to speak for itself through amicus briefs. The Senate Democratic caucus’ brief was filed in a case regarding an application for a solar power facility that had been denied by the Ohio Power Siting Board.

“We are pleased with the Ohio Supreme Court’s decision today, which upholds the procedural integrity of our legal system,” said Antonio. “There are times when the Attorney General’s stance does not align with the broader interests of everyday Ohioans. The position stated in our amicus brief reflected the views of our caucus and the millions of Ohioans we represent who believe our state should expand its renewable energy infrastructure. This ruling is a victory for those individuals and all our residents, as it ensures consideration of a range of perspectives in these critical decisions that affect our state’s future.”

“Attorney General Yost’s attempt to strike our amicus brief was unprecedented and unfounded,” said Hicks-Hudson. “Our caucus has filed numerous amicus briefs in the past without objection from the Attorney General’s office. This selective pushback threatened to undermine the legitimacy of this case and future proceedings. We are grateful that the Supreme Court recognized the validity of our actions and allowed our brief to remain on the record.”

Kingwood Solar is a proposed solar power facility in Greene County, Ohio. It sought regulatory approval from the Ohio Power Siting Board but was denied, prompting an appeal of the decision to the Supreme Court of Ohio.

Senate Republicans filed a brief on behalf of the “Ohio Senate” in February opposing the solar project, seemingly reflecting the position of the entire Senate. In March, the Democratic Senators filed their own amicus brief, distinguishing themselves from the Majority’s claims and providing context on the relevant legislative history.

Weeks later, Attorney General Yost moved to strike the Democrats’ brief from the record, alleging that they did not “seek or receive authorization” from the AG to file an amicus brief, despite decades of precedent suggesting that such authorization was unnecessary.

The Supreme Court of Ohio yesterday released a procedural ruling striking the Attorney General’s motion, allowing the Senate Democrats’ amicus brief to remain on the record.