Zoeller Appealing Lake County Court Ruling Against Right-to-work Law
September 12, 2013 — Indiana’s attorney general says he filed an appeal today against a Lake County court ruling against the state’s right-to-work law. Attorney General Greg Zoeller is asking the Indiana Supreme Court to reverse Lake County Judge John Sedia’s ruling last week. He ruled that a part of a state statute regarding involuntary union membership dues was unconstitutional.
Sedia ruled that the law was unconstitutional because it required unions to provide services without compensation. Six individual plaintiffs and a union local filed the case, Sweeney v. Zoeller, in Lake County to challenge the State’s right to work law.
Zoeller says his office already has successfully defended the same law in a challenge by the same plaintiffs in federal court.
He said, “We are asking the Indiana Supreme Court to reverse the lower court’s decision and find the statute is constitutional. We don’t begrudge the right of private plaintiffs to challenge a statute, but my office has a duty to defend the policy-making authority of the people’s elected representatives in the Legislature.”
Zoeller says that because the trial court declared portions of the statute unconstitutional, the State’s appeal will be heard in the Indiana Supreme Court, where both sides may file briefs for the Court to decide whether to schedule related oral argument. Zoeller says his office’s Solicitor General, Thomas M. Fisher, will appear for the State to defend the statute. During the appeal, the law remains in effect.
Click to see Greg Zoeller’s court filing today: Right-to-work Ruling Appeal, 9 12 13 State’s Notice of Appeal of 9 5 13 Lake County Order Sweeney v Zoeller
Click to see Judge Sedia’s ruling: RIGHT TO WORK RULING – 9.5.13.Lake.Superior.Ruling.Sweeney.Case