For Immediate Release
February 10, 2000

Contact: Denise Wible
Communications Director
Ohio Chamber of Commerce
614/228-4201

Ohio Chamber Evaluation Highlights Significant Tilt on Ohio Supreme Court
High court stymies economic growth in 69 percent of its decisions

COLUMBUS, OH -- Ohio's economic climate continues to take a beating at the hands of a majority of Ohio Supreme Court justices, according to the Ohio Chamber of Commerce's newly released evaluation of a decade of high court decisions.

The 2000 Business Evaluation of the Ohio Supreme Court, the third in a series of periodic reviews completed through the Ohio Chamber's Political and Candidate Education (P.a.C.E.) program, tracks 197 Court decisions issued during a 10 year period, 1990-1999. The P.a.C.E. analysis shows that fewer than one-third of all high court rulings from the decade supported a stronger Ohio economy. That figure declined to only 19 percent in decisions issued from 1997-1999.

The report also revealed lower pro-business scores for six of the seven justices during the last two years, along with a wide disparity between the justices' scores in each of eight economic categories.

The Evaluation accentuates the Court's 4-3 split, which surfaces in the overall scores and in five of the study's eight economic categories. The split that has manifested itself through an increasing number of 4-3 decisions handed down since 1997 is plainly visible in this analysis. Of the 59 new cases added to the 2000 Evaluation, 26 cases - 44 percent - were decided by 4-3 rulings. Only six of the 26 decisions had a positive economic impact.

"A slim majority on the Court is overturning legislative action taken to spur job creation and economic growth," said Ohio Chamber President Andrew E. Doehrel. "Whether it's decisions influencing products liability, medical malpractice or employment laws, the 4-3 pattern is indisputable. Four justices are dictating the economic course for a state of more than 11 million people. That's not justice for all."

Overall, the Court's composite score fell seven points since the release of the 1997 Evaluation. Four justices earned overall scores near or below the Court's 31 percent overall pro-business average: Justice Paul Pfeifer, 35 percent; Justice Francis Sweeney, 23 percent; Justice Andrew Douglas, 20 percent; and Justice Alice Robie Resnick, 18 percent.

Justice Evelyn Lundberg Stratton, whose score was the only one that increased since the 1997 Evaluation, earned a 70 percent rating. As the newest member of the Court, her 40 percent case participation rating somewhat diminishes the reliability of the score. Justice Deborah Cook and Chief Justice Thomas Moyer followed with ratings of 59 percent and 56 percent, respectively.

"The Evaluation makes it crystal-clear that the Ohio Supreme Court is a significant threat to Ohio's economic well-being," said Doehrel. "The healthy support of economic issues coming from the administration and our elected representatives in the general assembly is negated by high court decisions. When a stronger economy loses out in 69 percent of the decisions, it's high time that Ohioans take action to adjust the political leanings of this Court."

P.a.C.E. staff has monitored Ohio Supreme Court decisions since 1995 in an effort to provide a reliable barometer of how the Court is ruling on vital economic issues. The Evaluation's cases were chosen through the Ohio Chamber committee process, following the review of more than 100 recent Court decisions. Each of the Evaluation's 197 cases has a broad, significant impact on Ohio's economic climate.

A summary of the Evaluation is available through the Political Programs area of the Ohio Chamber's Web site - www.ohiochamber.com - or by contacting the Chamber.

Founded in 1893, the Ohio Chamber of Commerce is Ohio's largest statewide business advocacy group. The Chamber works to promote and protect the interests of its members - large and small - while building a more favorable Ohio business climate. P.a.C.E. is the Ohio Chamber's non-profit, non-partisan program focused on creating a politically-informed Ohio business community and encouraging active involvement in the election and support of pro-business government officials for the good of all Ohioans.