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Lake County judge: RTW suit may proceed

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A challenge to Indiana’s right-to-work law will proceed after a Lake County judge this week rejected the state’s request to dismiss a lawsuit filed by United Steelworkers.

Lake Circuit Judge George Paras wrote Tuesday, “it cannot categorically be said at this time” that the measure signed into law in February doesn’t violate the Indiana Constitution.

The Steelworkers’ suit says the law’s requirement that unions provide services to workers they represent even if workers don't pay union dues conflicts with Article 1, Section 21: “No person’s particular services shall be demanded, without just compensation.”

In a statement, USW District 7 director Jim Robinson hailed the ruling in United Steelworkers, et al. v. Mitch Daniels, et al., 45D01-1203-PL-19. “We are pleased by this decision and look forward to seeing this unjust law, which is bad for Hoosier workers and does not represent our Midwestern value of accepting personal responsibility, be struck down by the courts.”

Another suit in northwestern Indiana challenges right-to-work is a violation of the U.S. Constitution, and the state’s motion to dismiss remains before Chief Judge Phillip Simon in U.S. District Court for the Northern District of Indiana in Hammond. That case is Sweeney, et al. v. Daniels, et al., 2:12-cv-00081.

In Paras’ decision, he dismissed Gov. Mitch Daniels as a defendant. “The state contended the Governor is entitled to absolute legislative immunity regarding enactment of the legislation, so we are pleased that the Court has agreed,” said Bryan Corbin, a spokesman for Indiana Attorney General Greg Zoeller. “The State’s position continues to be that the statute is constitutional, and now we can pursue additional avenues for upholding the law’s constitutionality.

“The next immediate step will be to prepare and file an answer as to remaining claims. We assume the court will set a scheduling conference in the future,” Corbin said.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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