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SCOTUS won't take Indiana bar exam case

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The Supreme Court of the United States has declined to take several Indiana cases, including a federal suit against the state’s Board of Law Examiners filed by a man who wants to take the bar exam without going to law school.

An order list released this morning includes cases that the Supreme Court considered at its conference on Friday, and nine cases from Indiana are included.

The court declined to take Clarence Carter v. Chief Justice and Justices of the Indiana Supreme Court, et al., No. 11-5684, which comes from the Southern District of Indiana. U.S. Judge Tanya Walton Pratt earlier this year dismissed the lawsuit, which claimed that the state justices and BLE violated Clarence Carter’s constitutional rights to due process and equal protection to sit for the bar exam in Indiana. Administrative Rule 13 requires that person attend law school to sit for the bar exam, and Carter alleged that requirement arbitrarily excluded him from the chance to qualify to practice in this state.

The SCOTUS also denied: Anthony E. Moore v. U.S., No. 11-6244; Ty Brock v. U.S., No. 11-6308; Patrick Thelen v. William A. Sherrod, No. 11-6334; Anthony L. Fletcher v. U.S., No. 10-10562; Richard Wallace v. United States, No. 11-251; Antonio Kendrick v. Marcus Hardy, No. 11-5621; and Roger Yeadon, Jr. v. Harley G. Lappin, Director, Federal Bureau of Prisons, et al., No. 11-6024.

The justices are expected to consider at least three more Indiana cases.
 

Marcus Hardy v. Irving Cross, No. 11-74, has not been denied by SCOTUS, as the story originally stated. This story has been corrected.

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  • error in article
    I am counsel for Marcus Hardy in Hardy v. Cross, No. 11-74. This article states that the cert. petition was denied, but the matter has actually been "re-listed" twice -- set for 2 additional conferences -- and has not been denied yet. We are hopeful that the Court is considering a summary reversal.

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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