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Judge unsure about ACLU student chapter

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An Indianapolis-based federal judge wants to know more before he decides whether a student chapter of the American Civil Liberties Union of Indiana has standing to seek class certification in a lawsuit against the Indiana Board of Law Examiners. At least one student alleges her constitutional rights are violated by questions on the bar exam application.

But the judge found that an Illinois attorney who wants to sit for the Indiana bar exam does have standing to seek class certification, and he's granted that status in this litigation while the issue involving the student chapter at Indiana University School of Law - Indianapolis remains open.

U.S. District Judge William T. Lawrence on Friday issued a 10-page order in Amanda Perdue, et al. v. The Individual Members of the Indiana State Board of Law Examiners, 1:09-CV-842. In the past week, the ACLU of Indiana amended its complaint to include Perdue's real name after the judge had previously ruled that she couldn't proceed anonymously.

Perdue challenges the BLE requirement that she provide information about her physical and mental health when filling out her application to take the state bar exam. She'd answered "yes" in response to a question about her mental health, and as a result the BLE requested additional detail and referred her to the Judges and Lawyers Assistance Program for a mental health review. Instead of consenting, Perdue withdrew her application and in July sued the state over the issue, alleging that some of the application questions violate the Americans with Disabilities Act.

The ACLU student chapter later joined her as a plaintiff to prevent the BLE from inquiring about future bar applicants' mental health. One student, the president of the student organization, signed on and said she was aware of at least one group member who intended to take the Indiana bar exam at some point and could be impacted by these questions.

Both parties requested class certification, but the state argued that the student chapter doesn't have standing to be a class representative in this case.

"As an initial matter, the Defendants vigorously argue that the ACLU is not an appropriate class representative.... Much of the Defendants' argument against the ACLU's role as a class representative appears to be an allegation that the ACLU lacks standing," the judge wrote. "The Plaintiffs Reply does not address this issue. Because the Court is presently unable to determine whether the ACLU has standing, the parties are ordered to brief this issue. Until the Court determines that the ACLU has standing, the Court will not address whether it is an appropriate class representative."

Judge Lawrence gave the ACLU three weeks to file a brief in support of its standing, and 14 days from then for the state to reply before he again considers the issue.

As for Perdue, the judge determined she met the standard required by Rule 23 of the Federal Rules of Civil Procedure about class action status and that it should be granted. A hearing is set for March 12 in the case, but that date may be continued to a later time. The anticipated two-day trial is planned for April 2011.

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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