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Thursday, July 24, 2014

Ind. Decisions - "2nd judge rules against Indiana’s right-to-work law"

Lesley Weidenbener, editor of TheStatehouseFile.com, reports today in the Indianapolis Star:

A Lake County judge has struck down Indiana’s 2012 right-to-work law that made it illegal for companies to compel nonunion members to pay fees for union services. * * *

Lake Circuit Judge George Paras issued his ruling July 17 and said it would take effect immediately upon its entry into the chronological case summary, which makes it official. * * *

The Indiana Supreme Court has set oral arguments in a separate right-to-work case for Sept. 4.

In that case, Lake Superior Court Judge John Sedia also found the right-to-work law unconstitutional. But Sedia stayed his own ruling during the state’s appeal, which went directly to Indiana’s highest court.

See this ILB post from Sept. 9, 2013, on the Sedia ruling. Here are a number of later ILB posts mentioning the ruling.

The ILB does not recall another Indiana trial court declaring a state statute unconstitutional (unusual in itself) and then declaring that the opinion was to take effect immediately. One might call this unprecedented (at least until I learn differently). Compounding this, this week's ruling was made by a second judge in Lake County, on what look to be the same grounds as the first Lake Co. judge ruled last year, which earlier ruling is currently pending before the Indiana Supreme Court.

Attorney General Zoeller reportedly will be filing for an immediate stay.

Posted by Marcia Oddi on July 24, 2014 11:04 AM
Posted to Ind. Trial Ct. Decisions