Bench Memos

Hoping for Change on the Indiana Supreme Court

The Fort Wayne Journal reports that nearly two dozen legislators have signed on to a brief “urging the Indiana Supreme Court to reconsider a hotly contested ruling limiting Hoosiers’ right to resist unlawful entry by police.” You might recall this earlier post by Gary Marx pointing out that the opinion in that case was written by Justice Steven David, a Daniels appointee. You might also recall many earlier posts taking Governor Daniels to task for praising Indiana’s method of judicial selection, the Missouri Plan, and vetoing one high-profile effort at reform.

Apparently the controversy over this recent Indiana Supreme Court decision has given birth to a new movement to scrap Indiana’s Missouri Plan.  According to The Indiana Lawyer:

One state senator plans to introduce a constitutional amendment in the next session that would alter the existing merit-selection system, and other lawmakers support discussing potential changes to the judicial selection method that’s been in place for 40 years in the Indiana appellate courts and two county’s Superior courts.

I am optimistic that future governor Mike Pence will be much more reliable on this important issue than his predecessor. And I am adding Indiana to the growing list of states — Missouri, Iowa, Tennessee, Kansas, Oklahoma and Florida — where public officials are working to roll back or totally abolish the Missouri Plan.  Slowly but surely, the trial lawyers and their allies in the Soros network are losing their grip on our state courts, and that is a good thing for those of us who care about the rule of law.  

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