Ohio AG Yost Advances Measure to End Qualified Immunity After Supreme Court Defeat

COLUMBUS, Ohio — In response to a decisive loss at the U.S. Supreme Court, Ohio Attorney General Dave Yost announced on Tuesday that he would allow a proposed constitutional amendment aimed at ending qualified immunity for police and government employees to proceed. This decision came after the Supreme Court declined to block a preliminary injunction from the U.S. District Court for the Southern District of Ohio, which ruled that the measure’s supporters likely had their First Amendment rights violated.

Yost previously opposed the proposed amendment, arguing that the summary language did not accurately portray its implications. Nevertheless, as Ohio’s historic ballot initiative process hangs in the balance, he moved swiftly to withdraw an appeal he had filed in the Sixth Circuit Court of Appeals. Experts warned that failing to act could lead to the initiative process being deemed unconstitutional.

“This had placed an undue burden on those advocating for change,” said Yost in a statement. “I aim to collaborate with our state Legislature to establish reforms in the ballot initiative summary process, ensuring the integrity of Ohio’s elections and upholding free speech.”

The constitutional amendment looks to eliminate qualified immunity, which shields law enforcement and other government officials from lawsuits regarding constitutional rights violations. The measure will next be considered by the Ohio Ballot Board.

Critics, including Mark Brown, an attorney representing the measure’s backers, condemned Yost’s earlier resistance. “Yost has shown he cannot be trusted with this level of authority. The Supreme Court’s decision was justified,” Brown stated, emphasizing the need for accountability.