Pressure on the governor

August 9, 2010
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The governor has three strong candidates from which to pick our next Supreme Court justice. But does Marion Superior Judge Robyn Moberly have an edge because she’s a woman?

Chief Justice Randall Shepard has said in the past that he is confident that the next justice here would be a woman. He said this after Justice Robert Rucker was appointed in 1999, the last time we’ve had a new justice.

One could argue that if the commission members really wanted to make sure a woman named to the court, they would have given the governor three female finalists, but perhaps that would have been too obvious.

The commission’s task is to pick the best three candidates for the job, and commissioners felt that those were two men and one woman. But with all the talk and hope for a woman to sit on the state’s highest bench, is the governor going to feel pressure to go with Judge Moberly, even if she isn’t the best candidate in his eyes? Does her gender make her a more attractive candidate than the other two?

Imagine the news if the governor choose another man for the court. The story may be more about how he didn’t pick the female finalist than the congratulations and interest in the male chosen.

I would like to see a woman justice. I say that not only because I’m a woman and it’s nice to see my gender represented, but also because I know there are qualified women to serve as a justice. Judge Moberly is one of them.

Gov. Daniels doesn’t have an easy choice. Some could argue he picks Judge Moberly because she is a woman, even though she would make an excellent justice. He also has two strong candidates in Boone Circuit Judge Steven David and attorney Karl Mulvaney. While I’d like to see a woman on the bench, I wouldn’t be disappointed if Judge David or Mulvaney were picked.

Now we wait and see if Indiana joins most every other state with a female justice.
 

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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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