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Supreme Court will have 18-day gap between justices

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The Indiana Supreme Court will be missing one of its five members for almost three weeks as its new justice wraps up remaining business on the Boone Circuit Court before taking the appellate bench.

Judge Steven David is scheduled to join the state’s highest court on Oct. 18, which means the court will see an 18-day gap during which the court will have only four justices following Justice Theodore Boehm’s retirement ceremony on Thursday.

As a trial judge serving on the Boone Circuit Court, Judge David is finishing his work there following his appointment by Gov. Mitch Daniels. A one-hour investiture ceremony is planned for 10:30 a.m. Oct. 18, and the governor and chief justice both plan to speak.

While the court will still conduct business as usual, the court’s online calendar shows that no oral arguments are scheduled for the time when only four justices will be on the bench.

This is not the first time the Supreme Court has experienced a transitional gap between justices. During the last turnover in 1999, Justice Myra Selby left the bench on Oct. 7 and Justice Robert D. Rucker joined from the intermediate appellate bench on Nov. 19. Court records show past justices joined the same day as their predecessors were leaving, or that some overlap existed. Before that, the last gap between justices would have been in 1968 when Justice Donald Mote’s final day was Sept. 17 and Justice Roger DeBruler began on Sept. 30. Another gap came when Justice Walter Myers ended his term June 2, 1967, and Justice David Lewis didn’t start until June 21, 1967.
 

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

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  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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