Jennifer Brunner

Equality OH rated Brunner "A+ Champion of Equality" on the 2026 scorecard.

Judge Brunner stated that the Ohio Constitution is a “living document in that it still works for us today, but it’s not something we should change at a whim,” and “there are times when courts need to overrule a previous decision, but politics has no place in our courts...”

When describing her judicial philosophy to media outlets, Justice Jennifer Brunner responded with “To do a good job” and “we work to make the law work for everyone and we do it to the best of our understanding and our ability.”

When expounding on her judicial philosophy, she stated she has one of “being fair, being a good public servant, and trying to do my job in the best way possible to meet my oath of office” and that the terms “originalist,” “activist,” and “textualist” popularized by Scalia, came from the Federalist Society, started at Yale, who “felt that there wasn't enough representation of their conservative, whatever that means, views in the judicial system” and “there's been a lot of money put behind this” citing that Barry Seid "who gave his 1.6 billion dollar company to the Federalist Society just before it was sold” helped fund the Federalist Society.

In Highland Tavern, L.L.C. v. DeWine (2023), in which Justice Brunner announced the judgment of the Ohio Supreme Court and wrote the lead opinion, the court considered a challenge to an emergency liquor-control rule adopted during the COVID-19 pandemic. The rule required bars and restaurants to stop selling alcohol at 10 p.m. and stop on-site alcohol consumption at 11 p.m. Highland Tavern argued that the rule was unconstitutional and that the state had improperly targeted bars. The Supreme Court held that the case was moot because the emergency rule had already expired. The court therefore vacated the lower court’s judgment and ordered the case dismissed. 

In State ex rel. Ohioans United for Reproductive Rights v. Ohio Ballot Board (2023), in which Justice Brunner partially agreed with the court's per curiam majority, writing separately. The Ohio Supreme Court considered whether ballot language for a proposed constitutional amendment on reproductive rights was misleading. The court held that the phrase “citizens of the State of Ohio” was misleading because it could make voters think the amendment would restrict private citizens rather than state government. The court ordered the Ballot Board to change that wording to “the State,” but rejected the other challenges to the ballot language. The decision did not decide whether the amendment itself was constitutional.

In League of Women Voters of Ohio v. Ohio Redistricting Commission (2022), in which Justice Brunner agreed with the Court and wrote a separate opinion. The Ohio Supreme Court struck down the state legislative map because the Redistricting Commission failed to follow Ohio Constitution requirements limiting partisan favoritism and requiring proportionality. Brunner agreed that the map was invalid and went further, arguing that it also violated constitutional protections for voters. Her separate opinion emphasized the need for courts to enforce constitutional limits on the political branches. 

In Adams v. DeWine (2022), decided shortly after League I, Justice Brunner again joined the majority, which struck down Ohio’s congressional map for violating constitutional redistricting requirements. She also joined Chief Justice O’Connor’s concurrence, which emphasized that the evidence showed the map gave Republicans an excessive partisan advantage

In Gabbard v. Madison Local School District Board of Education (2021), in which Justice Brunner joined the majority opinion, the Ohio Supreme Court considered whether Ohio law allowed a school district to let teachers and other school employees carry firearms without completing basic police-officer training. The court ruled 4–3 that it did not. The court held that Ohio law required armed school employees to either complete approved peace-officer training or have 20 years of peace-officer experience. The decision struck down a Madison Local School District policy that allowed certain employees to carry guns after completing other safety and firearm training.