Environmental advocates have filed what appears to be a rock-solid lawsuit challenging provisions tucked into Ohio’s budget that stripped away critical air quality protections.

But Today in Ohio podcast hosts say they’re fighting a losing battle—not because they’re wrong on the merits, but because Ohio’s Supreme Court is too politically compromised to enforce the state’s own constitutional rules.

In a candid discussion about the state of Ohio governance, podcast host Chris Quinn offered a blunt assessment of the lawsuit’s prospects: “Make no mistake. They’re absolutely right. This violates the single subject rule. But because of the setup of Ohio government right now, it doesn’t matter that they’re right. They’re not going to win this case.”

The lawsuit, filed by the Ohio Environmental Council, Sierra Club, and other groups in Franklin County, challenges provisions in the recent state budget that gutted Ohio’s air nuisance rule and eliminated a tool that allowed communities to hold polluters accountable using their own air quality sensors. The environmental groups argue that these changes violate Ohio’s constitutional “single-subject” rule, which requires legislation to address only one topic.

The podcast explained that these environmental protections were eliminated through a legislative maneuver that’s become common practice in Ohio—burying controversial policy changes in massive budget bills where they receive less scrutiny.

Quinn expressed frustration that the Supreme Court has repeatedly failed to enforce the constitutional single-subject requirement: “The Ohio Supreme Court whores itself out for the Republican Party. They won’t change it. I think we need a constitutional change.”