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Case Over Ohio's $300 Weekly Unemployment Checks Sent Back To County Court

By Andy Chow

Published August 27, 2021 at 1:00 PM EDT

[J.J. Gouin / Shutterstock] — Hundred dollar bills and a United States Treasury check

The fight to bring back the $300 weekly additional checks to unemployed Ohioans remains up in the air after an appeals court decided to send the case back to a county judge.

Advocates to revive the pandemic unemployment assistance say this gives reason to start sending the weekly checks again.

The 10th District Court of Appeals ruled that a lower court's decision to deny reinstating the additional unemployment assistance is based on an analysis that is "incomplete."

The appeals court says the Franklin County Court of Common Pleas did not address two factors in the case; "unjustifiable harm to third parties or any public interest served by the injunction."

Zach Schiller with Policy Matters Ohio says there's still hope the additional $300 a week will be paid out retroactively.

"I would certainly hope that there could be some benefits that could be paid out beyond those that expire on September 4," Schiller said.

But Attorney General Dave Yost (R-Ohio) is asking the Ohio Supreme Courtto reverse the appeals court’s decision.

The state argues that Gov. Mike DeWine (R-Ohio) had the legal right to stop accepting the federal funds for the program.

Ohio stopped accepting the federal dollars to pay out the checksat the end of June. Gov. Mike DeWine (R-Ohio) said vaccines and other protection measures were in place that allowed people to go back to work.

In ending those checks, DeWine said the coronavirus vaccine and other protective measures make it safe for people to return to work.

In a Twitter post announcing the filing, Yost wrote "The decision was contrary to law and businesses cannot find employees. Today, we appealed to the Ohio Supreme Court."

A group, led by former attorney general Marc Dann, is fighting to bring back the assistance. He says some 200,000 Ohioans could potentially benefit and that many desperately need the money.

Another hearing is set for Friday.