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State appeals ruling against right-to-work law

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Attorney General Greg Zoeller announced Wednesday the state has asked the Indiana Supreme Court to reverse a Lake County judge’s order invalidating the right-to-work law that bans compulsory union dues.

Lake Superior Judge John Sedia ruled in September that the 2012 law that a year earlier prompted a lengthy walkout of Democratic lawmakers violated the Indiana Constitution’s ban on demanding services without just compensation.

Zoeller filed the appeal Wednesday on behalf of the Indiana Department of Labor and other state interests. The appeal argues that the law doesn’t demand particular services requiring just compensation and that the law safeguards worker rights, among other claims.

“New laws passed by legislators are presumed to be constitutional, and here the people’s elected representatives in the Indiana General Assembly made a public policy decision that should be respected, even as we respect the important role of organized labor in Indiana’s economy,” Zoeller said in a statement.

“We don’t begrudge the right of plaintiffs to challenge a statute but my office has a duty to defend that statute and argue that the lower court’s ruling should be reversed,” he said.

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  • social justice
    I'm a registered member of the republican party and I fully support the right of organized labor to operate union shop style in our state and I'm totally opposed to the RTW legislation that undermines social justice. As the Pope said over 100 years ago in Rerum Novarum: "... some opportune remedy must be found quickly for the misery and wretchedness pressing so unjustly on the majority of the working class: for the ancient workingmen's guilds were abolished in the last century, and no other protective organization took their place. Public institutions and the laws set aside the ancient religion. Hence, by degrees it has come to pass that working men have been surrendered, isolated and helpless, to the hardheartedness of employers and the greed of unchecked competition. The mischief has been increased by rapacious usury, which, although more than once condemned by the Church, is nevertheless, under a different guise, but with like injustice, still practiced by covetous and grasping men. To this must be added that the hiring of labor and the conduct of trade are concentrated in the hands of comparatively few; so that a small number of very rich men have been able to lay upon the teeming masses of the laboring poor a yoke little better than that of slavery itself."
  • Work without just compensation
    The union side argues the law is invalid as a violation of the Indiana Constitution for being "work without just compensation." But then then union argues that the employee should be required to pay out of their compensation union dues which the employee would rather not pay. So . . . which side is taking the compensation away? Sounds to me like forcing someone to pay dues to an organization they'd rather not belong to is the taking of the just compensation. Basically, you can't work here unless you agree to lower compensation by paying our union dues. Unions had a place in the world . . . but times change . . . let's just say "thank you" to the unions, disband and move on.

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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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