Tuesday, May 17, 2011

Indiana Supreme Court Ruling

The Indiana Supreme Court ruled last week the we, the citizens of Indiana, have no right to resist unlawful police entry into our homes. This ruling overturns centuries of common law, and is in direct violation of the 4th amendment of the United States Constitution.  http://www.indystar.com/apps/pbcs.dll/article?AID=2011105130380

Justice David wrote the ruling. Chief Justice Shepard and Justice Sullivan agreed with him.

On other hand, Justices Rucker and Dickson strongly dissented.

Can we do anything about this? Actually, YES WE CAN.

Justices are appointed to Indiana Supreme Court by the governor. After two years the justice is subject to statewide yes-or-no vote on the question of retention in office. After that they face another retention vote every 10 years, with mandatory retirement at 75.

Here is a chart with basic information about each justice, as well as a suggested vote on retention based on this ruling:

Name
Term Start
Term Expires
Appointed By
Retention Vote
Suggestion
Steven H. David
10/18/10
Daniels
Nov-12
No
Frank Sullivan, Jr.
11/1/93
11/1/13
Bayh
Nov-12
No
Randall Shepard
9/6/85
9/6/15
Orr
Nov-14
No
Brent Dickson
1/6/86
1/6/16
Orr
Nov-14
Yes
Robert Rucker
11/19/99
11/19/09
O'Bannon
Nov-18
Yes

One observation I make from this is that civil liberties are not protected by appointments from either political party.

As you can see, we have the opportunity to vote No to David and Sullivan in the 2012 election next year. Are we ready to mount the campaign to take them out?

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