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No issue with all legislative logrolling

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Indiana Lawyer Rehearing

The Indiana Supreme Court offered some clues recently about why it’s ignored repeated attempts to address the issue of legislative logrolling, where multiple unrelated changes are stuffed into one massive bill that becomes law.

In a June 29 decision in Andre Peoples v. State of Indiana, No. 79S02-0912-CR-549, the court inserted some language that could serve as a warning to anyone who might want to challenge non-budget items being inserted into large budget bills – something that has caused controversy in the past.

Justice Frank Sullivan wrote for the unanimous court and tackled the criminal case, involving legislation about how three unrelated felonies of any kind could be eligible for enhanced sentences for a habitual offender. The ruling touched on a special rule enacted during a budget bill conference committee in 2001 that limited the use of certain substance offenses in making those kinds of enhancements.

“Because the 2001 amendment was contained in the bill enacting the biennial state budget, the change may have reflected a concern over the fiscal impact of incarcerating drug offenders,” the court wrote, noting that the original law was written in 1977 and that “It is not surprising that the provisions do not mesh perfectly.”

Those references to logrolling and the language used in describing the legislative action indicates that the court found no problem with the unrelated statutory language found in the budget bill, and that it even found on its own initiative a valid reason as to why it may have wended its way in there. Some have interpreted this to mean that any future challenge about logrolling could be struck down if the court sees a valid reason for the resulting law.
 

Rehearing on "Finding focus in laws" IL Oct. 28-Nov. 10, 2009

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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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