Tuesday, September 10, 2013
Ind. Decisions - More on "Lake Co. judge rules Indiana's right-to-work law unconstitutional "
Here is a long story in today's Indianapolis Star, reported by Chris Sikich, that begins:
The long, hard battle over the state’s right-to-work law appears headed to the Indiana Supreme Court.[More] Direct Supreme Court review of this decision is mandatory, per the Appellate Rules:
Lake Superior Court Judge John Sedia ruled Thursday the law violates a provision in the state constitution barring the delivery of services “without just compensation.” Sedia, who was appointed by then-Gov. Mitch Daniels in 2012, ruled the law incorrectly forces unions to represent workers who don’t pay union dues.
The Indiana attorney general’s office said it will seek to appeal the case directly to the state Supreme Court.
Republican lawmakers said Monday they are confident the Supreme Court will overturn the ruling. * * *
Legal experts agree the unions’ victory likely will be short-lived. Joel Schumm, a law professor at the Indiana University Robert H. McKinney School of Law in Indianapolis, said the constitutional clause under question historically has applied to individuals.
The Supreme Court, he said, would need to be convinced to extend that right from individuals to unions.
“Unions are not generally thought of as a ‘person,’ nor are they organizations that existed when the Indiana Constitution was ratified in 1851,” he said.
He thinks it’s unlikely the Indiana Supreme Court will redefine individuals as unions. He said the court gives significant deference to the legislature to enact state laws.
Rule 4. Supreme Court Jurisdiction
A. Appellate Jurisdiction.
(1) Mandatory review. The Supreme Court shall have mandatory and exclusive jurisdiction over the following cases:
* * *
(b) Appeals of Final Judgments declaring a state or federal statute unconstitutional in whole or in part.
Posted by Marcia Oddi on September 10, 2013 08:38 AM
Posted to Ind. Trial Ct. Decisions