ILNews

Attorney general files right-to-work appeal with Indiana Supreme Court

IL Staff
September 12, 2013
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The Indiana attorney general filed notice Sept. 12 that he is asking the state’s highest court to find Indiana’s right-to-work law constitutional.

The move is in response to a decision issued by Lake Superior Court Judge John Sedia that struck down a provision of the right-to-work statute. In Sweeney V. Zoeller , the northern Indiana judge ruled that the labor law violates Article I, Section 21 of the Indiana Constitution by requiring unions to provide services to non-members without receiving just compensation.

At that time, the Indiana attorney general’s office called the ruling incorrect and said it would file an appeal.

Today, Indiana Attorney General Greg Zoeller said his office is asking the Indiana Supreme Court to reverse the Lake County decision and find the statute constitutional.

“We don’t begrudge the right of private plaintiffs to challenge a statute, but my office has a duty to defend the policy-making authority of the people’s elected representatives in the Legislature,” he stated in a press release.

The plaintiffs, which include the International Union of Operating Engineers, Local 150, filed a five-count complaint in Lake County on Feb. 11, 2013. The complaint asserted the right-to-work law, codified in Indiana Code 22-6-6, violated the state constitution.

Sedia dismissed four counts of the complaint but found the provisions that bar a union from requiring workers join and pay dues, and that criminalize intentionally forcing someone to join, were unconstitutional.   
 

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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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