Ohio Republican leaders announced their plan Monday to pursue an appeal of a Franklin County decision ruling that the state’s private school voucher program is unconstitutional.

Despite the expansion of near-universal school vouchers in Ohio, students in some counties don’t have the option to attend a private school.

The state of Ohio is giving taxpayer money to private, religious schools to help them build new buildings and expand their campuses, which is nearly unprecedented in modern U.S. history.

A school voucher lawsuit currently in the Franklin County Court of Common Pleas will likely make its way before the Ohio Supreme Court eventually — meaning whichever candidates are elected to the state’s high court this fall could end up ruling on this pivotal school funding case.

A recent back-and-forth in a lawsuit against Ohio’s voucher system spotlights the main arguments: who benefits from the private school voucher program, whether it takes away from public school funding and if school re-segregation is a factor.