Indiana Governor Eric Holcomb files an appeal in a case where a Marion County Judge ruled state lawmakers do have the ability to call themselves into special session.
Indiana Governor Eric Holcomb files an appeal in a case where a Marion County Judge ruled state lawmakers do have the ability to call themselves into special session.
This document is a notice of appeal filed by Governor Eric Holcomb appealing a trial court decision regarding the constitutionality of HEA 1123, an Indiana statute addressing the General Assembly's ability to address future emergencies. It provides information about the parties, attorneys, trial court case, basis for jurisdiction, requests for records, and certifications. The governor is appealing the trial court's entry and orders granting summary judgment to the defendants on the governor's challenge to HEA 1123 under the Indiana Constitution.
Indiana Attorney General Todd Rokita is denying an open records request filed by Indy Politics publisher Abdul-Hakim Shabazz, concerning documents as to why Shabazz was barred from Rokita's news oncferneces.
Rokita says Shabazz was denied the records because he has filed suit against the Office and he can get those through discovery.
Note, Shabazz filed his records request back in late October, months before litigation was filed.
Indiana's Public Access Counselor says Indiana Attorney General Todd Rokita's Office must turn over documents requested by Indy Politics publisher Abdul-Hakim Shabazz regarding Shabazz being banned from Rokita's news conferences.
The Supreme Court considered whether four provisions of Arizona's S.B. 1070 immigration law were preempted by federal law. The Court found that Sections 3, 5(C), and 6 were preempted as they intruded on the field of alien registration, stood as an obstacle to federal regulation of unauthorized employment of aliens, and conflicted with the federal removal system and arrest authority, respectively. However, the Court found that Section 2(B) could not be enjoined at this stage and remanded to allow state court interpretation to determine whether any conflict with federal law would arise from its enforcement.
U.s. supreme ct decision on arizonia s.b. 1070 pre-emption on 3 provisionsbtlawgroup
This document is the syllabus from the Supreme Court case Arizona v. United States, which addressed whether four provisions of Arizona's S.B. 1070 immigration law were preempted by federal law. The Court found that three provisions establishing state offenses were likely preempted, but determined it was improper to enjoin the final provision without allowing state courts to interpret it first. The Court affirmed in part, reversed in part, and remanded the case for further proceedings.
Indiana Governor Eric Holcomb files an appeal in a case where a Marion County Judge ruled state lawmakers do have the ability to call themselves into special session.
This document is a notice of appeal filed by Governor Eric Holcomb appealing a trial court decision regarding the constitutionality of HEA 1123, an Indiana statute addressing the General Assembly's ability to address future emergencies. It provides information about the parties, attorneys, trial court case, basis for jurisdiction, requests for records, and certifications. The governor is appealing the trial court's entry and orders granting summary judgment to the defendants on the governor's challenge to HEA 1123 under the Indiana Constitution.
Indiana Attorney General Todd Rokita is denying an open records request filed by Indy Politics publisher Abdul-Hakim Shabazz, concerning documents as to why Shabazz was barred from Rokita's news oncferneces.
Rokita says Shabazz was denied the records because he has filed suit against the Office and he can get those through discovery.
Note, Shabazz filed his records request back in late October, months before litigation was filed.
Indiana's Public Access Counselor says Indiana Attorney General Todd Rokita's Office must turn over documents requested by Indy Politics publisher Abdul-Hakim Shabazz regarding Shabazz being banned from Rokita's news conferences.
The Supreme Court considered whether four provisions of Arizona's S.B. 1070 immigration law were preempted by federal law. The Court found that Sections 3, 5(C), and 6 were preempted as they intruded on the field of alien registration, stood as an obstacle to federal regulation of unauthorized employment of aliens, and conflicted with the federal removal system and arrest authority, respectively. However, the Court found that Section 2(B) could not be enjoined at this stage and remanded to allow state court interpretation to determine whether any conflict with federal law would arise from its enforcement.
U.s. supreme ct decision on arizonia s.b. 1070 pre-emption on 3 provisionsbtlawgroup
This document is the syllabus from the Supreme Court case Arizona v. United States, which addressed whether four provisions of Arizona's S.B. 1070 immigration law were preempted by federal law. The Court found that three provisions establishing state offenses were likely preempted, but determined it was improper to enjoin the final provision without allowing state courts to interpret it first. The Court affirmed in part, reversed in part, and remanded the case for further proceedings.
Defendant's Reply to State's Objection to Motion to Dismiss (Speedy Trial)Rich Bergeron
Here I take the prosecutor from Grafton County to task for all her mistakes and lack of proper legal analysis. Judge O'Neill will still rule in her favor, no matter how lax in her duties she is. I do go overboard and keep insisting the state had no motion pending. There was actually a motion to amend before the court, so I screwed up myself there, but not nearly as badly as Deputy Grafton County Attorney Tara Heater did.
Deputy Grafton County Attorney Tara Heater Tells Judge James O'Neill III How ...Rich Bergeron
Pay particular attention to how this "objection" is worded. Judge O'Neill ends up not only filing the fastest order in my favor in the history of the case, but he also writes it as if he's only addressing it to the prosecution. My initial motion asked for the judge to either schedule a prompt trial date or dismiss the case. It was not a motion to dismiss, but the mere mention of a suggested dismissal made Judge O'Neill act fast, and the language of the request criticizing him so vociferously obviously made him furious.
A judge on the United States Court of Appeals for the Second Circuit for the past 11 years, Sonia Sotomayor is now high on lists that lawyers and politicians have assembled of possible replacements for Justice David H. Souter of the Supreme Court. She has a reputation as a sharp, outspoken and fearless jurist, and many of her opinions have demonstrated a willingness to take the government to task whenever she believes the circumstances warrant it.
This document provides notice of intervention by the Legislative Intervenors in the lawsuit Hoke County Board of Education, et al., v. State of North Carolina, et al. The Legislative Intervenors, Philip E. Berger as President Pro Tempore of the North Carolina Senate and Timothy K. Moore as Speaker of the North Carolina House of Representatives, are intervening on behalf of the General Assembly pursuant to a North Carolina statute that gives legislative leaders standing to intervene when the validity or constitutionality of a legislative act or constitutional provision is challenged. The notice argues that the lawsuit challenges recent legislation as well as provisions of the North Carolina Constitution concerning appropriations and the separation of powers.
U.S. Supreme Court Order On The Travel Ban Appeals, June 26, 2017Honolulu Civil Beat
The Supreme Court granted certiorari and partially stayed injunctions blocking enforcement of Executive Order 13780, which suspended entry of nationals from six Muslim-majority countries. Lower courts had issued nationwide preliminary injunctions, finding the order likely violated the Establishment Clause. The Supreme Court's partial stay allows the 90-day travel ban to take effect but exempts foreigners with bona fide relationships with U.S. entities or individuals. Oral arguments will be heard in the fall on the constitutionality of the executive order.
State's Objection to Motion For Sanctions Against Tara Heater, Martha Ann Hor...Rich Bergeron
Answering a pile of documented accusations with a couple pages of complete BS, Attorney Tara Heater still hasn't provided any affidavits to back up her lies. This is her objection to my latest motion, which basically says she'd like to rely on her objection to the last motion for sanctions. Total laziness and obviously now a matter of being afraid to dig herself deeper.
This order grants the plaintiff's motion to convert a temporary restraining order into a preliminary injunction blocking enforcement of Sections 2 and 6 of President Trump's Executive Order 13780, also known as the "travel ban". The court found that the plaintiffs, the State of Hawaii and Dr. Elshikh, showed a strong likelihood of success on the merits of their claim that the Executive Order violates the Establishment Clause of the U.S. Constitution. The court also found that irreparable harm is likely if injunctive relief is not granted, and that the balance of equities and public interest favor blocking enforcement of Sections 2 and 6 of the order.
This document discusses a motion filed by Creditor Vogel Newsome regarding the bankruptcy case of Ladye M. Townsend. Newsome argues the bankruptcy court lacks jurisdiction over the matter as her prior federal lawsuit against Townsend in district court established that court's jurisdiction. Newsome also alleges misconduct by Townsend's attorney and moves for Rule 11 sanctions. Newsome consolidates her various motions and does not waive her defense that the bankruptcy court lacks jurisdiction.
This document is a second amended complaint filed by the State of Hawaii and Dr. Ismail Elshikh challenging President Trump's March 6, 2017 executive order restricting entry to the U.S. from six predominantly Muslim countries. The complaint alleges that the executive order violates the Establishment Clause of the First Amendment and federal immigration law by discriminating against Muslims. It asserts that the order harms Hawaii's economy, educational institutions, and sovereign interests in welcoming people from around the world. The plaintiffs seek to invalidate portions of the executive order.
Dealing with the unlawful presence bars in immigration courtUmesh Heendeniya
This document summarizes key issues related to the unlawful presence bars under INA sections 212(a)(9)(B) and 212(a)(9)(C). It discusses a recent Ninth Circuit decision that impacted the accrual of unlawful presence pre-IIRIRA. It also examines whether Section 245(i) can help those with unlawful presence to adjust status in the U.S. without having to depart. Finally, it analyzes three scenarios to determine if time spent in the U.S. can count towards satisfying the 3-year or 10-year unlawful presence bars.
This judgment concerns an application by the United States of America for judicial review of a District Court decision granting disclosure orders against the US in extradition proceedings involving Megaupload and its founders. The US seeks interim orders to suspend the disclosure order pending its judicial review application. A preliminary issue is whether the proper procedure is judicial review or appeal. The judge must determine the appropriate procedure and whether to grant interim relief to the US before addressing the substantive issues in the judicial review application.
This order declares a Georgia statute capping noneconomic damages in medical malpractice cases unconstitutional. The order discusses the facts of the case, in which a jury awarded damages to the plaintiffs that exceeded the statutory cap. The court considered motions to strike affidavits submitted by the plaintiffs and denied the motions. In a lengthy analysis, the court found that the statutory cap violates the right to a jury trial guaranteed by the Georgia constitution. The court examined the history and scope of the right to a jury trial and determined that the cap improperly infringes on this right. Therefore, the court declared the statutory cap unconstitutional.
A judge on the United States Court of Appeals for the Second Circuit for the past 11 years, Sonia Sotomayor is now high on lists that lawyers and politicians have assembled of possible replacements for Justice David H. Souter of the Supreme Court. She has a reputation as a sharp, outspoken and fearless jurist, and many of her opinions have demonstrated a willingness to take the government to task whenever she believes the circumstances warrant it.
Motion to Reconsider Denial of Motion to Dismiss on Speedy Trial GroundsRich Bergeron
Judge James D. O'Neill III denied my motion to dismiss. He had to overlook a great deal of facts and precedent law to come to the conclusion he did. I lay it all out for him in this motion to reconsider. Can he admit he was wrong, or will he keep being an ignorant and unethical disgrace to the bench? See WWW.NHDRUGTASKFORCE.COM to find out.
State of North Dakota's Unopposed Motion to Intervene as Petitioner; State of Wyoming v. United States Department of the Interior; Sally Jewell, in her capacity as Secretary of the Interior; Bureau of Land Management; and Neil Kornze, in his capacity as Director, Bureau of Land Management
MOTION TO STRIKE - Motion To Stay (PKH)VogelDenise
This document is the plaintiff's motion to strike the defendants' motion to stay proceedings and for rule 11 sanctions and default judgment. The plaintiff argues that the judge assigned to the case, Judge Tom S. Lee, has a conflict of interest that requires his recusal from the case. The plaintiff cites case law establishing that a judge must recuse himself if there are facts that cast doubt on his impartiality. The plaintiff claims the integrity of the court has been compromised by Judge Lee's actions, which project an appearance that the case can be won through criminal means. The plaintiff seeks to have the defendants' motion to stay proceedings stricken and requests rule 11 sanctions against the defendants as well as a default judgment.
Motion to Schedule Trial (Speedy Trial Rights)Rich Bergeron
1. Richard Bergeron III filed a motion to schedule his trial as soon as possible in his criminal case in Belknap County Superior Court, citing violations of his right to a speedy trial.
2. Bergeron was arrested in February 2019 and remains on bail conditions, but over two years later there is still no trial date set due to scheduling delays and a backlogged court docket.
3. Bergeron argues that further delays in scheduling his trial would continue to violate his constitutional right to a speedy trial and requests that his case be scheduled for trial immediately or dismissed.
Ch 5 presentation Will Kumi, Rebecca Mendelsohn, Conrad Blackrebeccamendelsohn
The document summarizes key aspects of civil liberties and the Bill of Rights in the United States. It discusses how the Bill of Rights was drafted to limit federal government overreach on individual liberties. It then examines how the 14th Amendment and the incorporation doctrine applied these protections to state laws over time through Supreme Court rulings. Specific rights covered include freedom of religion, speech, press, and assembly. The establishment and free exercise of religion clauses are explained. Tests for determining protected speech like clear and present danger are also summarized.
This order denies the defendants' motion to strike the governor's complaint and independent counsel. It finds that the governor has a constitutional duty and inherent authority to protect the governor's constitutional powers, which includes bringing this lawsuit challenging a law that allegedly infringes on the governor's powers. It also finds that the governor has statutory authority to hire independent counsel. The order concludes that the rules of professional conduct prevent the attorney general from representing both the governor and defendant legislators in this lawsuit, given the conflicting positions. Therefore, the governor may continue being represented by independent counsel.
Defendant's Reply to State's Objection to Motion to Dismiss (Speedy Trial)Rich Bergeron
Here I take the prosecutor from Grafton County to task for all her mistakes and lack of proper legal analysis. Judge O'Neill will still rule in her favor, no matter how lax in her duties she is. I do go overboard and keep insisting the state had no motion pending. There was actually a motion to amend before the court, so I screwed up myself there, but not nearly as badly as Deputy Grafton County Attorney Tara Heater did.
Deputy Grafton County Attorney Tara Heater Tells Judge James O'Neill III How ...Rich Bergeron
Pay particular attention to how this "objection" is worded. Judge O'Neill ends up not only filing the fastest order in my favor in the history of the case, but he also writes it as if he's only addressing it to the prosecution. My initial motion asked for the judge to either schedule a prompt trial date or dismiss the case. It was not a motion to dismiss, but the mere mention of a suggested dismissal made Judge O'Neill act fast, and the language of the request criticizing him so vociferously obviously made him furious.
A judge on the United States Court of Appeals for the Second Circuit for the past 11 years, Sonia Sotomayor is now high on lists that lawyers and politicians have assembled of possible replacements for Justice David H. Souter of the Supreme Court. She has a reputation as a sharp, outspoken and fearless jurist, and many of her opinions have demonstrated a willingness to take the government to task whenever she believes the circumstances warrant it.
This document provides notice of intervention by the Legislative Intervenors in the lawsuit Hoke County Board of Education, et al., v. State of North Carolina, et al. The Legislative Intervenors, Philip E. Berger as President Pro Tempore of the North Carolina Senate and Timothy K. Moore as Speaker of the North Carolina House of Representatives, are intervening on behalf of the General Assembly pursuant to a North Carolina statute that gives legislative leaders standing to intervene when the validity or constitutionality of a legislative act or constitutional provision is challenged. The notice argues that the lawsuit challenges recent legislation as well as provisions of the North Carolina Constitution concerning appropriations and the separation of powers.
U.S. Supreme Court Order On The Travel Ban Appeals, June 26, 2017Honolulu Civil Beat
The Supreme Court granted certiorari and partially stayed injunctions blocking enforcement of Executive Order 13780, which suspended entry of nationals from six Muslim-majority countries. Lower courts had issued nationwide preliminary injunctions, finding the order likely violated the Establishment Clause. The Supreme Court's partial stay allows the 90-day travel ban to take effect but exempts foreigners with bona fide relationships with U.S. entities or individuals. Oral arguments will be heard in the fall on the constitutionality of the executive order.
State's Objection to Motion For Sanctions Against Tara Heater, Martha Ann Hor...Rich Bergeron
Answering a pile of documented accusations with a couple pages of complete BS, Attorney Tara Heater still hasn't provided any affidavits to back up her lies. This is her objection to my latest motion, which basically says she'd like to rely on her objection to the last motion for sanctions. Total laziness and obviously now a matter of being afraid to dig herself deeper.
This order grants the plaintiff's motion to convert a temporary restraining order into a preliminary injunction blocking enforcement of Sections 2 and 6 of President Trump's Executive Order 13780, also known as the "travel ban". The court found that the plaintiffs, the State of Hawaii and Dr. Elshikh, showed a strong likelihood of success on the merits of their claim that the Executive Order violates the Establishment Clause of the U.S. Constitution. The court also found that irreparable harm is likely if injunctive relief is not granted, and that the balance of equities and public interest favor blocking enforcement of Sections 2 and 6 of the order.
This document discusses a motion filed by Creditor Vogel Newsome regarding the bankruptcy case of Ladye M. Townsend. Newsome argues the bankruptcy court lacks jurisdiction over the matter as her prior federal lawsuit against Townsend in district court established that court's jurisdiction. Newsome also alleges misconduct by Townsend's attorney and moves for Rule 11 sanctions. Newsome consolidates her various motions and does not waive her defense that the bankruptcy court lacks jurisdiction.
This document is a second amended complaint filed by the State of Hawaii and Dr. Ismail Elshikh challenging President Trump's March 6, 2017 executive order restricting entry to the U.S. from six predominantly Muslim countries. The complaint alleges that the executive order violates the Establishment Clause of the First Amendment and federal immigration law by discriminating against Muslims. It asserts that the order harms Hawaii's economy, educational institutions, and sovereign interests in welcoming people from around the world. The plaintiffs seek to invalidate portions of the executive order.
Dealing with the unlawful presence bars in immigration courtUmesh Heendeniya
This document summarizes key issues related to the unlawful presence bars under INA sections 212(a)(9)(B) and 212(a)(9)(C). It discusses a recent Ninth Circuit decision that impacted the accrual of unlawful presence pre-IIRIRA. It also examines whether Section 245(i) can help those with unlawful presence to adjust status in the U.S. without having to depart. Finally, it analyzes three scenarios to determine if time spent in the U.S. can count towards satisfying the 3-year or 10-year unlawful presence bars.
This judgment concerns an application by the United States of America for judicial review of a District Court decision granting disclosure orders against the US in extradition proceedings involving Megaupload and its founders. The US seeks interim orders to suspend the disclosure order pending its judicial review application. A preliminary issue is whether the proper procedure is judicial review or appeal. The judge must determine the appropriate procedure and whether to grant interim relief to the US before addressing the substantive issues in the judicial review application.
This order declares a Georgia statute capping noneconomic damages in medical malpractice cases unconstitutional. The order discusses the facts of the case, in which a jury awarded damages to the plaintiffs that exceeded the statutory cap. The court considered motions to strike affidavits submitted by the plaintiffs and denied the motions. In a lengthy analysis, the court found that the statutory cap violates the right to a jury trial guaranteed by the Georgia constitution. The court examined the history and scope of the right to a jury trial and determined that the cap improperly infringes on this right. Therefore, the court declared the statutory cap unconstitutional.
A judge on the United States Court of Appeals for the Second Circuit for the past 11 years, Sonia Sotomayor is now high on lists that lawyers and politicians have assembled of possible replacements for Justice David H. Souter of the Supreme Court. She has a reputation as a sharp, outspoken and fearless jurist, and many of her opinions have demonstrated a willingness to take the government to task whenever she believes the circumstances warrant it.
Motion to Reconsider Denial of Motion to Dismiss on Speedy Trial GroundsRich Bergeron
Judge James D. O'Neill III denied my motion to dismiss. He had to overlook a great deal of facts and precedent law to come to the conclusion he did. I lay it all out for him in this motion to reconsider. Can he admit he was wrong, or will he keep being an ignorant and unethical disgrace to the bench? See WWW.NHDRUGTASKFORCE.COM to find out.
State of North Dakota's Unopposed Motion to Intervene as Petitioner; State of Wyoming v. United States Department of the Interior; Sally Jewell, in her capacity as Secretary of the Interior; Bureau of Land Management; and Neil Kornze, in his capacity as Director, Bureau of Land Management
MOTION TO STRIKE - Motion To Stay (PKH)VogelDenise
This document is the plaintiff's motion to strike the defendants' motion to stay proceedings and for rule 11 sanctions and default judgment. The plaintiff argues that the judge assigned to the case, Judge Tom S. Lee, has a conflict of interest that requires his recusal from the case. The plaintiff cites case law establishing that a judge must recuse himself if there are facts that cast doubt on his impartiality. The plaintiff claims the integrity of the court has been compromised by Judge Lee's actions, which project an appearance that the case can be won through criminal means. The plaintiff seeks to have the defendants' motion to stay proceedings stricken and requests rule 11 sanctions against the defendants as well as a default judgment.
Motion to Schedule Trial (Speedy Trial Rights)Rich Bergeron
1. Richard Bergeron III filed a motion to schedule his trial as soon as possible in his criminal case in Belknap County Superior Court, citing violations of his right to a speedy trial.
2. Bergeron was arrested in February 2019 and remains on bail conditions, but over two years later there is still no trial date set due to scheduling delays and a backlogged court docket.
3. Bergeron argues that further delays in scheduling his trial would continue to violate his constitutional right to a speedy trial and requests that his case be scheduled for trial immediately or dismissed.
Ch 5 presentation Will Kumi, Rebecca Mendelsohn, Conrad Blackrebeccamendelsohn
The document summarizes key aspects of civil liberties and the Bill of Rights in the United States. It discusses how the Bill of Rights was drafted to limit federal government overreach on individual liberties. It then examines how the 14th Amendment and the incorporation doctrine applied these protections to state laws over time through Supreme Court rulings. Specific rights covered include freedom of religion, speech, press, and assembly. The establishment and free exercise of religion clauses are explained. Tests for determining protected speech like clear and present danger are also summarized.
This order denies the defendants' motion to strike the governor's complaint and independent counsel. It finds that the governor has a constitutional duty and inherent authority to protect the governor's constitutional powers, which includes bringing this lawsuit challenging a law that allegedly infringes on the governor's powers. It also finds that the governor has statutory authority to hire independent counsel. The order concludes that the rules of professional conduct prevent the attorney general from representing both the governor and defendant legislators in this lawsuit, given the conflicting positions. Therefore, the governor may continue being represented by independent counsel.
America's Founding Documents | Constitution of the United States of America I...with Wind
Interpretations and analysis of The United States Constitution made by The Roberts Court (Supreme Court), and governed by Congress, House of Representatives and the 45th Office of the United States of America.
Year: Two Thousand and Eighteen AD.
Commander in Chief: Donald J Trump (Inaugurate).
Vice President of the United States: Mike Pence.
62nd Speaker of the House of Representatives: Paul Ryan.
Republican Chief Deputy Whip: Patrick McHenry (Majority).
Senior Chief Deputy Whip: John Lewis.
This document provides instructions for a legal research and writing assignment requiring the student to locate and summarize various legal authorities, including federal and state statutes and case law. It includes directions to find and summarize the content of 28 U.S.C. §§ 1331, 1332, and 1333, and to locate two federal cases and two state cases, summarizing the main issue in each case. The document also provides partial citations and requires the student to complete them. Finally, it instructs the student to locate Miranda v. Arizona in an unofficial reporter and quote portions of the opinion.
Awad v. ZiriaxUnless otherwise stated, you should answer in co.docxcelenarouzie
Awad v. Ziriax
Unless otherwise stated, you should answer in complete sentences, and be sure to use
correct English, spelling, and grammar. Sources must be cited in APA format.
Your response should be a minimum of four (4) double-spaced pages; refer to the
Length and Formatting instructions below for additional details.
In complete sentences respond to the following prompts:
Summarize the facts of the case;
Identify the parties and explain each party’s position;
Outline the case’s procedural history including any appeals;
What is the legal issue in question in this case?
How did the court rule on the legal issue of this case?
What facts did the court find to be most important in making its decision?
Respond to the following questions:
o Can a U.S. court enforce a clause in a contract specifying that Sharia law
will apply?
o When, if ever, should a national court look to decisions of courts in other
nations when interpreting its own nation’s constitution?
o
Do you agree or disagree with the court’s decision? If you disagree, provide an
explanation of your reasoning.
PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT MUNEER AWAD, Plaintiff - Appellee, v.
PAUL ZIRIAX, Agency Head, Oklahoma State Board of Elections, THOMAS PRINCE, Chairman of the
Board, Oklahoma State Board of Elections, STEVE CURRY, Board Member, Oklahoma State Board of
Elections, and JIM ROTH, Board Member, Oklahoma State Board of Elections, Defendants - Appellants. --
-------------------------- FOUNDATION OF MORAL LAW; THE ASSOCIATION OF THE BAR OF THE CITY OF NEW
YORK; THE ISLAMIC LAW COMMITTEE OF THE AMERICAN BRANCH OF THE INTERNATIONAL LAW
ASSOCIATION, THE AMERICAN JEWISH COMMITTEE, AMERICANS UNITED FOR SEPARATION OF CHURCH
AND STATE, THE ANTIDEFAMATION LEAGUE, THE BAPTIST JOINT COMMITTEE FOR RELIGIOUS LIBERTY,
THE CENTER FOR ISLAMIC PLURALISM, INTERFAITH ALLIANCE, AND THE No. 10-6273 FILED United States
Court of Appeals Tenth Circuit January 10, 2012 Elisabeth A. Shumaker Clerk of Court -2- UNION FOR
REFORM JUDAISM, Amici Curiae. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA (D.C. NO. 5:10-CV-01186-M) Patrick R. Wyrick, Solicitor General
(Scott D. Boughton and Janis Wood Preslar, Assistant Attorneys General, on the briefs), Office of the
Attorney General of Oklahoma, Oklahoma City, Oklahoma, appearing for Appellant. Micheal Salem,
Salem Law Offices, Norman, Oklahoma (Joseph Thai, Norman, Oklahoma; Gadeir Abbas, Council of
American Islamic Relations, Washington, DC; and Daniel Mach and Heather L. Weaver, American Civil
Liberties Union Foundation, Washington, DC, with him on the briefs), appearing for Appellee. Roy S.
Moore, Benjamin D. DuPre, and John Allen Eidsmoe, Montgomery, Alabama, filed an Amicus Curiae brief
on behalf of the Foundation of Moral Law. Robert E. Michael, Robert E. Michael & Associates, PLLC, New
York, New York, filed an Amicus Curiae brief on behalf of Associ.
VALIDITY OF INCLUSION OF RIGHT TO PROPERTY IN THE CONSTITUTION- Article 40.3....Utkarsh Kumar
The assessment will analyze the validity and relevance of the fundamental right of property in light with the two views provided by Review Group supported by later developments and case laws concerning the given issue.
The document discusses the origins and development of writs in Bangladeshi constitutional law. It provides the following key points:
1. Writs originated in England as written directives from the king ordering individuals to perform or refrain from certain acts. They provided a means for intervention when tenants could not get remedies in feudal courts.
2. In South Asia, writs such as habeas corpus, mandamus, and certiorari became known as "prerogative writs" in the 17th-18th centuries. Local courts in places like Bengal administered justice using both civil/criminal law and writs.
3. The Bangladeshi constitution gives the High Court division power to issue five types of writs
Ghana Supreme Court and the Power of Judicial Interpretation TONNY NYARKO
The document discusses the power of judicial review that the Ghana Supreme Court has over legislative actions according to the 1992 Constitution. It provides context on how this power has evolved since previous constitutions. It then analyzes a key Supreme Court case, Republic v Yebbi & Avalifo, where the court used its power of judicial review to declare a section of an act unconstitutional after determining it was inconsistent with the constitution. The document also discusses another Supreme Court case related to challenging election results.
Senators Specter, Smith, and Representative Andrews voted in favor of the Military Commissions Act of 2006 despite having reservations or believing parts of the bill were unconstitutional. Voting for legislation one believes to be unconstitutional violates the oath members of Congress take to uphold the Constitution. This obligation stems from their oath and the presumption that Congress does not pass intentionally unconstitutional laws. However, some argue Congress has shifted to a model where it defers questions of constitutionality to courts rather than conducting their own analysis.
the analysis of the union and state judiciary is explained in light of the Indian constitution. importance and role of article 32 is analyzed in the light of union and state judiciary
Shifting Tides - The Temporary Nature of Bankruptcy Court JurisdictionChristopher Somma
The document discusses the temporary nature of bankruptcy court jurisdiction. It examines a Rhode Island bankruptcy court case that found jurisdiction is temporal and can shift over time as the underlying Chapter 7 case progresses. When adversary proceedings remain active past the closing of the main bankruptcy case, the court may find it no longer has jurisdiction to retain the proceeding. The document then provides an in-depth overview of the sources and limits of bankruptcy court jurisdiction under the U.S. Constitution and bankruptcy code. It distinguishes between core proceedings, related-to proceedings, and unrelated matters to further explain the shifting scope of a bankruptcy court's authority.
The document discusses several concepts related to constitutional interpretation, including originalism and living constitutionalism. It provides arguments for and examples of originalist interpretation. Originalists believe the constitution should be interpreted based on the original intentions of the framers. Examples given are Supreme Court justices Hugo Black, Antonin Scalia, and Clarence Thomas, as well as judge Robert Bork, who are considered originalist in their jurisprudence. Arguments for originalism include that it limits the power of unelected judges and provides objective, neutral criteria for decisions rather than allowing subjective personal values. The document also discusses social contract theory and cites Locke's view of private property rights.
The document discusses the expansion of executive power in the U.S. under the Constitution. It identifies the express powers given to the President in Article 2, such as commander-in-chief and appointment powers. It also analyzes how these powers have been expanded with help from Congress through broad delegations of authority. Areas of conflicting power between the President and Congress are discussed, such as war powers. The question of whether an "Imperial President" has been created is also raised.
Motion Filed in US District Court of Eastern OH Against Texas Eastern Eminent...Marcellus Drilling News
This memorandum opposes the plaintiff's motion for immediate possession of the defendants' property on the grounds that:
1) The Ohio Constitution prohibits "quick-take" eminent domain proceedings for non-road projects unless compensation is determined by a jury first.
2) Neither the Natural Gas Act nor federal eminent domain rules preempt the Ohio Constitution's limitations, as they do not conflict or make compliance with both impossible.
3) As such, the plaintiff cannot take immediate possession of the property without a prior jury determination of compensation, as required by the Ohio Constitution.
The document outlines the constitutional basis for business regulation in the United States. It discusses how the US Constitution imposes limitations on business, gives governments power to regulate, and protects individual rights. It also describes how the Constitution allocates regulatory responsibilities among the three branches of government and can be amended. The system of checks and balances aims to prevent any one branch from becoming too powerful.
The North Carolina Court of Appeals issued an order granting a writ of prohibition to restrain the trial court from enforcing its order requiring the state to appropriate $1.7 billion in unappropriated school funding. The majority concluded that the trial court erred in interpreting the education clause of the state constitution as an ongoing appropriation, which would undermine the separation of powers and legislative authority over appropriations. A dissenting judge argued that the majority prematurely decided the case on an expedited schedule without allowing full briefing or argument.
The dispute over the Constitution's "fundamental structure," which had been dormant in the archives of India's constitutional history for the last decade of the twentieth century, has resurfaced in the public sphere.
Doctrine of basic structure of India's ConstitutionShantanu Basu
This document summarizes the Supreme Court of India's judicial activism in defending the constitution and citizens' rights. Key points include:
1) The court established that it has the power of judicial review over laws and constitutional amendments through its interpretations of Articles 13, 31, and 368.
2) Through cases like Golaknath, the court developed the basic structure doctrine, limiting parliament's power to amend fundamental rights and certain core constitutional features.
3) Subsequent cases like Keshavananda Bharati further expanded and consolidated the basic structure doctrine, establishing the court as the guardian of the constitution's essential elements.
4) The court has actively interpreted and expanded the scope of fundamental rights through an
1) The petitioner, a Hindu personal law board, filed a public interest litigation seeking a writ of mandamus directing the central government to consider legislating a law regulating religious conversions similar to laws passed in Uttar Pradesh and other states.
2) The court discussed the doctrine of constitutional trust established by the Supreme Court, which separates the jurisdiction and powers of constitutional authorities.
3) The court cited Supreme Court precedent that courts have a limited role in legislation and cannot direct legislatures to make laws. Therefore, the petition seeking such a direction to consider legislation was not maintainable and dismissed.
Here is Gabe Whitley's response to my defamation lawsuit for him calling me a rapist and perjurer in court documents.
You have to read it to believe it, but after you read it, you won't believe it. And I included eight examples of defamatory statements/
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Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
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Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
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Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
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Recent years have seen a disturbing rise in violence, discrimination, and intolerance against Christian communities in various Islamic countries. This multifaceted challenge, deeply rooted in historical, social, and political animosities, demands urgent attention. Despite the escalating persecution, substantial support from the Western world remains lacking.
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1. IN THE INDIANA COURT OF APPEALS
CAUSE NO. ________________________
ERIC J. HOLCOMB, GOVERNOR OF THE ) Appeal from the
STATE OF INDIANA, ) Marion Superior Court 12
)
Plaintiff, )
) Trial Court
vs. ) Case No. 49D12-2104-PL-014068
)
RODRIC BRAY, in his official capacity as the )
President Pro Tempore of the Indiana State Senate, ) The Honorable Patrick Dietrick,
and chairman of the Indiana Legislative Council, ) Judge
TODD HUSTON, in his official capacity as the )
Speaker of the Indiana State House of )
Representatives, and vice-chairman of the Indiana )
Legislative Council, THE LEGISLATIVE )
COUNCIL, as established by Indiana Code )
§ 2-5-1.1-1, and THE INDIANA GENERAL )
ASSEMBLY, )
)
Defendants. )
GOVERNOR ERIC J. HOLCOMB’S VERIFIED MOTION FOR TRANSFER
PURSUANT TO IND. APPELLATE RULE 56(A)
Governor Eric J. Holcomb (“Governor Holcomb”), by counsel, pursuant to Ind. Appellate
Rules 34 and 56(A), requests that the Supreme Court accept Emergency Transfer of this
appeal. In support, Governor Holcomb states:
INTRODUCTION
This separation-of-powers dispute between Indiana’s Governor and the Indiana General
Assembly involves a “substantial question of law of great public importance” under App. R. 56(A).
Because of the nature of this constitutional dispute and the COVID-19 pandemic, “an emergency
2. 2
exists requiring a speedy determination” of this case, rendering it appropriate for Emergency
Transfer.
This case is about whether the General Assembly’s passage of House Enrolled Act 1123
(“HEA 1123”) improperly usurped a power exclusively vested in Indiana governors by the Indiana
Constitution, and by doing so, whether the General Assembly has (a) fundamentally altered the
delicate separation-of-powers balance established by the Constitution, and (b) unconstitutionally
denied Indiana citizens their right to vote upon a proper constitutional amendment.
Central to this dispute is the meaning of Articles 4 § 9 and 3 § 1 of our Constitution. Article
4 § 9, states:
The sessions of the General Assembly shall be held at the capitol of the State,
commencing on the Tuesday next after the second Monday in January of each
year in which the General Assembly meets unless a different day or place shall
have been appointed by law. But if, in the opinion of the Governor, the public
welfare shall require it, he may, at any time by proclamation, call a special
session. The length and frequency of the sessions of the General Assembly shall
be fixed by law. (Emphasis added).
Article 3 § 1, states:
The powers of the Government are divided into three separate departments; the
Legislative, the Executive including the Administrative, and the Judicial: and
no person, charged with official duties under one of these departments, shall
exercise any of the functions of another, except as in this Constitution
expressly provided. (Emphasis added).
Together, those provisions mean that when a constitutional power has been expressly
vested in one branch of government – here, a governor’s authority to call a “special session” – for
that power to concurrently exist in another branch, that power must be “expressly provided” for
elsewhere in the Constitution. The General Assembly has no express constitutional authority to
call a “special session.”
3. 3
In April 2021, the General Assembly passed HEA 1123, which purports to vest in a
Legislative Council the authority to call an “emergency session of the general assembly.” Ind.
Code § 2-2.1-1-1(3)(C)(2021).1
What HEA 1123 calls an “emergency session” is, in reality, a
“special session” under Article 4 § 9. The General Assembly has thus unconstitutionally created
for itself the power to call a “special session.”
The General Assembly can obtain the right to call a “special session,” if done through a
proper constitutional amendment. The Court need look no further than Kentucky to see what our
General Assembly could have done. Kentucky’s Constitution, like Indiana’s, expressly vests the
authority call a special session only in its governor. Ky. Const. § 80. To further the Kentucky
legislature’s desire to have the same ability, it passed a proposed constitutional amendment that
will be submitted to Kentucky voters for approval. Cameron v. Beshear et al, 2021-SC-0107-1,
Aug. 21, 2021, p.32 n.24 (Ky. 2021) (Hughes, J., concurring). But the Indiana General Assembly
has failed to do likewise, instead attempting to legislatively vest itself with a power that can only
be granted to it by a proper constitutional amendment.
“[A]n emergency exists requiring a speedy determination” that warrants Emergency
Transfer. The COVID-19 pandemic remains ongoing and winter may bring another increase in
infections.2
In 2021, our General Assembly has, for the first time, extended its session for the
entirety of 2021. Its 2022 session is currently scheduled to end on March 14, 2022. If HEA 1123
remains enforceable beyond that 2022 date, and after which the Legislative Council calls the
General Assembly into an “emergency” (special) session under HEA 1123 and passes laws
1
HEA 1123 is codified at I.C. § 2-2.1-1.2-1 et seq. and I.C. § 2-2.1-1-1(3)(C).
2
See https://fox59.com/news/doctors-concerned-about-the-cold-weathers-impact-on-covid-19s-
spread/ (last accessed October 20, 2021)(“The temperatures are dropping and the COVID-19
cases are rising, which doctors expected.”).
4. 4
thereunder, the constitutionality of those laws will be in question and subject to legal challenge.
Failure to obtain a definitive decision by this Court before then could leave Indiana citizens, and
the proper functioning of state government, in a state of uncertainty during an emergency. That
outcome is potentially dangerous and is also bad public policy.
Indiana citizens deserve a definitive answer whether HEA 1123 is constitutional before the
end of the 2022 session. That is unlikely to occur absent Emergency Transfer. This Court is the
final arbiter of the meaning of our Constitution, and should this Court agree and overturn the Trial
Court’s Order, then prompt resolution of this case will afford the General Assembly time during
its 2022 session to consider other options. For these reasons, and others set forth below, Governor
Holcomb respectfully requests that this Court grant Emergency Transfer.
FACTUAL AND PROCEDURAL BACKGROUND
HEA 1123 allows the Legislative Council3
to convene a session of the General Assembly
during a state of emergency; to establish the date, time, and place that each house of the General
Assembly will convene; and to establish an agenda. I.C. §2-2.1-1.2-7. The Legislative Council
may take these actions without any formal vote of the full General Assembly. Id. Governor
Holcomb vetoed HEA 1123 on April 9, 2021, which was overridden on April 15, 2021. HEA
1123 went into effect that day.
On April 27, 2021, Governor Holcomb filed his Complaint for Declaratory Judgment
and Injunctive Relief, Exhibit A (the “Complaint”), seeking both a declaration that HEA 1123
was unconstitutional, and permanent injunctive relief enjoining its enforcement. The
Defendants (collectively, “Appellees”) moved to strike Governor Holcomb’s Complaint on
3
The “Legislative Council” is a composed of only sixteen General Assembly members. I.C. § 2-
5-1.1-1.
5. 5
April 30, 2021. The Trial Court denied the Motion to Strike on July 3, 2021. The Appellees
sought writs from this Court, both of which were denied.
On August 6, 2021, Governor Holcomb and the Appellees filed cross-motions for
summary judgement. Exhibit B, Exhibit C. On August 23, 2021, the parties filed their
responses. Exhibit D, Exhibit E. The Trial Court heard arguments on September 10, 2021.
On October 7, 2021, the Trial Court entered its Order, Exhibit F, rejecting the myriad
procedural and jurisdictional arguments advanced by the Appellees, but holding that HEA
1123 is constitutional. Governor Holcomb has appealed that decision.
REASONS WHY EMERGENCY TRANSFER IS WARRANTED
I. The Trial Court’s Order Is Wrong
A. Article 4 § 9 Of Indiana’s Constitution Expressly Grants The Power To
Call A “Special Session” Only To The Governor
This case involves a constitutional dispute between the executive and legislative
branches of the sort not seen in Indiana since Tucker v. State, 35 N.E.2d 270 (Ind. 1941),
wherein the General Assembly also passed laws designed to usurp the constitutional powers
of Indiana governors. In Tucker, this Court, consistent with the longstanding constitutional
interpretive cannon of expressio unius est exclusio alterius, observed: “If inconsistent
intention must be avoided in construing the express provisions of the Constitution, surely it is
not permitted to imply an intention that conflicts with a definitive and expressed intention.”
Id. at 292 (Emphasis in original). “To write into the Constitution by implication authority for
this Legislature in its discretion to strike down the express grant of all executive powers to the
Governor, and to vest [others] with functions that are everywhere recognized as belonging to
the Governor and to the executive power, would do violence to every known rule of
construction.” Id. (Emphasis added).
6. 6
Respectfully, the Trial Court’s analysis of Article 3 § 1 was error and conflicts with
Tucker. Although citing to Article 3 § 1 in its Order, p. 27, the Trial Court’s analysis does
not meaningfully address a central tenet of Governor Holcomb’s position: because an Indiana
governor’s authority to call a “special session” is expressly vested only in governors, that
same power cannot also be vested by implication in the legislative branch. Article 4 § 9 does
not expressly grant the General Assembly the power to call a “special session,” and so a law
such as HEA 1123 purporting to do so is unconstitutional.
Indiana is one of fifteen states that restrict the ability of a legislature to call a “special
session” and instead vest that authority solely in the governor.4
The General Assembly’s
attempt to pass legislation authorizing itself to call an “emergency” (special) session is not
unprecedented in the United States. See Simpson v. Hill, 263 P.635 (Okla. 1927); People v.
Parker, 3 Neb. 409, 1872 WL 6043 (1872).
In Simpson, in which the legal efficacy of a legislative session was at issue, the
Oklahoma Supreme Court characterized Oklahoma’s separation-of-powers language as
follows:
The last clause, “and neither shall exercise the powers properly belonging to either
of the others,” is an inhibition. It is found in the said article and is strong
language, and used to prevent one of the said branches of state government from
undertaking to do what the organic law of the state directs shall or may be done by
another.
Simpson, 263 P. at 638 (emphasis added). It went on to conclude:
The Constitution made plain, by said section, that the Governor possessed the
power to convoke the Legislature in extraordinary session. This being true, the said
inhibition in the last sentence of said Article 4 expressly forbids the legislative
branch, or any part thereof, from exercising this power. We reach this conclusion
4
There are thirty-five states that provide the legislative branch that power (Exhibit G), with
Kentucky perhaps soon being number thirty-six. Indiana’s legislature knew how to give itself
that power, but decided not to do so through a constitutional amendment.
7. 7
not by an independent interpretation of our constitutional provisions, although they
are so clear there is no room for confusion, unless confusion be the object and aim.
Id. at 639.
The Simpson and Parker cases are relied upon by a leading treatise to conclude that
“[u]nless specifically authorized by constitutional provision, a legislature has no authority to
convene itself in special session, and its actions under an attempt to do so are void.” 1 Sutherland
Stat. Const. § 5:1. Accord, 72 Am. Jur. 2d States, Etc. §46. Despite that authority, and without
mentioning any of it in its Order, the Trial Court reached the opposite conclusion.
Indiana’s legislature has decided not to attempt to amend the Constitution to obtain
concurrent authority with what is presently the express and exclusive authority of Indiana
governors to call “special sessions.” It has instead legislatively vested itself with a power that can
only be granted to it by a proper constitutional amendment. See Ellingham v. Dye, 99 N.E. 1 (Ind.
1912). This Court should grant Emergency Transfer and correct this unconstitutional action.
B. The History Of Article 4 § 9 Does Not Support HEA 1123
The Trial Court also made no mention of, or attempted to reconcile, important
constitutional history that bears directly on the constitutionality of HEA 1123. Under the
well-established “method of interpreting and applying provisions of the Indiana constitution”
set forth in, inter alia, Meredith v. Pence, 984 N.E.2d 1213, 1218 (Ind. 2013), the Trial Court
was required to engage in:
[A] search for the common understanding of both those who framed it and those
who ratified it. Furthermore, the intent of the framers of the Constitution is
paramount in determining the meaning of a provision. In order to give life to their
intended meaning, we examine the language of the text in the context of the history
surrounding its drafting and ratification, the purpose and structure of our
constitution, and case law interpreting the specific provisions. In construing the
constitution, we look to the history of the times, and examine the state of things
existing when the constitution or any part thereof was framed and adopted, to
ascertain the old law, the mischief, and the remedy. The language of each provision
8. 8
of the Constitution must be treated with particular deference, as though every word
had been hammered into place.
The Trial Court only briefly (and incompletely) engaged in that analysis (Order, pp.
21-22), and did not explain how the following undisputed facts (and others) could be
reconciled with its conclusion that HEA 1123 is constitutional.
During the 1850 Constitutional Convention, the delegates discussed the timing of regular
sessions of the General Assembly which had previously been addressed in Article 3 § 25 of the
1816 Constitution. The delegates explained their reasoning for exclusively vesting the authority in
the governor to call a “special session”:
The object of the provision is to throw the responsibility of the exercise of the
executive power in calling the Legislature together, upon the Executive…. If we
cannot trust the Governor so far to superintend the affairs of the State as to give
warning to the representatives of the people of the difficulties that the State has to
encounter, and to take upon himself the responsibility of incurring the expense of a
special session, we had better abolish the office of the Governor altogether.
Report of the Debate and Proceedings of the Convention for the Revision of the
Constitution of the State of Indiana, p. 1069 (1850).
That only a governor can call a “special session” was acknowledged in 1967 when the
General Assembly was contemplating amendments to Indiana’s Constitution:
9. 9
1967 Biennial Report to the Indiana General Assembly, pp. 14-15 (Exhibit H).
Thereafter, the Study Committee on Legislative Operations recommended this
constitutional amendment to Article 4 § 9:
A JOINT RESOLUTION proposing an amendment to section 9, article 4 of the
Constitution of the State of Indiana by changing the frequency of meetings of the
General Assembly from biennial to annual and providing a different means for
calling special sessions of the General Assembly.
***
Section 9 of article 4 of the Constitution of the State of Indiana is amended to read
as follows: Sec. 9. The sessions of the General Assembly shall be held annually
at the capitol of the State, commencing on the first Tuesday after the first Monday
of January, in the year one thousand eight hundred and fifty-three, and on the
same day of every * * * * * year thereafter, unless a different day or place shall
have been appointed by law. But if, in the opinion of the Governor, the public
welfare shall require it, he may, at any time by proclamation, call a special session:
Provided, further, That if, after consultation with the Governor, it is the joint
opinion of the Speaker of the House and the President Pro Tempore of the Senate
that the public welfare shall require it, the Speaker and President Pro Tempore
may, at any time by proclamation, call a special session.
(Id., p. 23)(italicized emphasis in original; bold added).
That proposed text did not pass. Instead, the legislature approved these changes to
Article 4 § 9 (strikethrough deleted, underlined added):
The sessions of the General Assembly shall be held biennially at the capital of
the State, commencing on the Thursday Tuesday next after the first second
Monday of January, in the each year in which the general assembly meets year
one thousand eight hundred and fifty-three, and on the same day or every
second year thereafter, unless a different day or place shall have been appointed
by law. But if, in the opinion of the Governor, the public welfare shall require
it, he may at any time by proclamation, call a special session. The length and
frequency of the sessions of the general assembly shall be fixed by law.5
5
The proposed amendment also included a schedule that served as a “gap filler” for the date and
length for scheduling the next legislative session. Exhibit I.
10. 10
In 1970, this proposed constitutional amendment was put before the Indiana electorate.
There was no mention on the ballot about authorizing anyone other than the governor to call
a “special session,” which makes sense because the proposed amendment’s text made no
express mention of a change in the exclusive nature of that authority. Indiana voters were
asked this question on their 1970 ballots:
In its first legislative session after that constitutional amendment was approved, the
General Assembly enacted I.C. § 2-2.1-1-1, et seq. (the “Legislative Sessions and Procedures
Law of 1971”). In that Act, the General Assembly defined “special session” as “that period of
time during which the general assembly is convened in session upon the proclamation and call of
the governor under Article 4, Section 9 of the Constitution of the State of Indiana.” Id. at
1(4)(emphasis added). The Act made no mention of the General Assembly having the ability, now
that the 1970 Amendment had passed, to likewise call a “special session”—despite the high
likelihood that most of the legislators who passed that law in 1971 also voted on the proposed
amendment to Article 4 § 9 in 1967, and again in 1969.6
6
If the purpose of the 1970 amendment was to vest authority in the legislature to call a “special
session” – a type of session that often occurs when “[c]rises … arise between regular meetings of
the General Assembly,” supra — it follows that legislators in 1971 would have immediately
established a process to exercise that very power. If the legislature’s intent was to amend the
Constitution in 1970 so that it could call a “special session” during a future crisis, and because
crises are unpredictable by their nature, it makes no sense that it failed to enact a law like HEA
1123 in 1971, instead of doing so 50 years later in the midst of a pandemic.
11. 11
In its Order, the Trial Court made much of a 1984 amendment to the Constitution which
simply removed the “schedule” to the 1970 amendment because it had no further utility. (Order,
p. 22). Any meaning ascribed to the 1984 amendment by the Trial Court is belied by the question
posed to the voters regarding that amendment, which makes no mention of creating a new power
for, or broadening any existing power given to, the General Assembly:
The Trial Court’s reliance on a case from Wisconsin, League of Women Voters of Wis.
v. Evers, 929 N.W.2d 209 (Wis. 2019), Order, p. 21, was misplaced. That case did not involve
the question of whether the Wisconsin legislature could call itself into session – Wisconsin’s
Constitution has only one restriction on its legislature’s ability to do so (“by law”), and “[n]o
one dispute[d] that [its applicable constitutional provision] authorize[d] the Legislature to
meet …‘at such time as shall be provided by law.’”7
Id. at 216. The issue in Evers was the
legal efficacy of how the Wisconsin legislature wielded that authority. This case involves
whether the General Assembly can call itself into a special (emergency) session. Article 4 §
9 answers that question in the negative.
Finally, the Trial Court’s analysis of Article 4 § 9 is flawed textually, and is contrary
to the “inhibition” against implied constitutional authority contained in Article 3 § 1.
Although a thorough analysis of the extent of the Trial Court’s erroneous textual reading
7
“The legislature shall meet at the seat of government at such time as shall be provided by law,
unless convened by the governor in special session….” Wisc. Const. Art. IV, § 11.
12. 12
cannot be set forth in this limited Motion, it is worth noting that the Order fails to import
meaning to certain words (e.g., “each year”), while grafting too much meaning onto others.
For example, the Trial Court makes much of the phrases “length and frequency” and “fixed
by law,” but fails to explain how the “length and frequency” of a “special session” can be
“fixed by law,” when the need for a “special session” involves “[c]rises [that] arise between
regular meetings of the General Assembly,” Exhibit H, and crises are inherently
unpredictable.
This Court should grant Emergency Transfer to address these constitutional issues.
II. Emergency Transfer Is Needed
A. The Issue In This Case Is Of Great Public Importance
This Court has frequently found that questions concerning the constitutionality of laws
constitute “substantial questions of law of great public importance” justifying Emergency
Transfer. For example, this Court has granted emergency transfer to consider whether
Indiana’s Civil Forfeiture Statute violated the Constitution by authorizing reimbursement of
law enforcement costs from forfeiture revenues before revenues were allocated to the
Common School fund. Horner v. Curry, 125 N.E.3d 584 (Ind. 2019). See also Meredith v.
Pence, 984 N.E.2d 1213 (Ind. 2013); Myers v. Crouse-Hinds Div. of Cooper Industries, Inc.,
53 N.E.3d 1160 (Ind. 2016).
Governor Holcomb’s Complaint requires an interpretation of the Indiana Constitution.
Even more critical, his Complaint raises the additional issue of the proper balance of power
between the legislative and executive branches. See Citizen Action Coalition of Indiana v.
Koch, 51 N.E.3d 236, 238, 240 (Ind. 2016) (accepting emergency transfer in case involving
“the delicate balance that must be maintained between the three branches of government.”).
13. 13
Media coverage of this case demonstrates that this constitutional issue is of great public
importance. This lawsuit has been covered by multiple news organizations, including the New
York Times, ABC News, NBC News, U.S. News, and the Indianapolis Star.8
Furthermore,
an individual citizen has filed suit over HEA 1123, demonstrating the importance of the
constitutionality of HEA 1123 to the public. See Whitaker v. The Legislative Council et al,
49D02-2104-PL-014586.
B. An Emergency Exists Requiring Speedy Determination
The issues presented by this appeal also constitute an emergency requiring speedy
determination. As explained above, if a final ruling on HEA 1123’s constitutionality is not
rendered before the 2022 session ends, there is a high likelihood that Indiana will confront a
situation where a law is passed under HEA 1123 during a state of emergency, the efficacy of
which will likely be unsettled to the extent this Court has not yet ruled. That is not an ideal
result for the citizens of Indiana.
Moreover, the violation by one governmental branch of another’s constitutional power
creates an immediate and ongoing harm to the delicate balance of Indiana’s governmental
framework. See generally Romer v. Colorado General Assembly, 810 P.2d 215, 220 (Colo.
1991)(“The governor has alleged a wrong that constitutes an injury in fact to the governor’s legally
protected interest in his constitutional power....”).
8
Wines, Michael, “State Lawmakers Take Aim at the Emergency Powers Governors Have Relied
on in the Pandemic,” The New York Times, March 27, 2021; Whitehurst, Lindsay, “Texas Order
Reflects Growing GOP Vaccine Mandates Hostility,” ABC News, October 12, 2021; Gomez,
Henry, “Growing Number of GOP-led States Seek to Limit Officials’ Power to Respond to Next
Pandemic,” NBC News, June 4, 2021; Associated Press, “Judge Weighing Indiana Governor’s
Suit Over Emergency Law,” U.S. News, September 10, 2021; Lange, Kaitlin, “Indiana Governor,
Attorney General Feud Over Power,” Indianapolis Star, May 28, 2021.
14. 14
If, as Governor Holcomb firmly believes, the General Assembly has impermissibly
usurped his constitutional authority, then each day that goes by without that constitutional
violation being remedied is an afront to the Indiana Constitution. This case involves a grave
constitutional issue that should be resolved as soon as practicable.
To the extent the Appellees respond that there is no “emergency” because the General
Assembly is in an unprecedented “all year” session in 2021 and could presumably do so again
in 2022 if this case is unresolved, that argument should be rejected. That argument ignores
(a) the ongoing nature of the constitutional separation-of-powers injury to Indiana’s
constitutional framework, (b) the fact that HEA 1123 is not limited to situations in which the
General Assembly is not in session, and (c) the fact that there is precedent to legislatures being
called into special sessions even when they are in regular sessions.9
CONCLUSION
Consistent with the urgency of this case, the Trial Court entered final judgment in just
over five months, while appropriately recognizing that the alleged separation-of-powers
constitutional injury is “immediate and ongoing….” Order, p. 8. Governor Holcomb
respectfully asks this Court to expedite resolution of HEA 1123’s constitutionality by granting
this Motion.
Respectfully submitted,
LEWIS WAGNER, LLP
/s/ A. Richard M. Blaiklock____
John C. Trimble, # 1791-49
A. Richard M. Blaiklock, #20031-49
Aaron D. Grant, #25594-49
9
Four states have called special sessions while their regular sessions were ongoing in 2021.
https://www.ncsl.org/portals/1/Documents/ncsl/2021_session_calendar1.pdf (last accessed
August 20, 2021)
15. 15
Michael D. Heavilon, #35251-18
1411 Roosevelt Ave. Suite 102
Indianapolis, IN 46201
Office (317) 237-0500
Facsimile (317) 630-2790
jtrimble@lewiswagner.com
ablaiklock@lewiswagner.com
agrant@lewiswagner.com
mheavilon@lewiswagner.com
Attorneys for Appellants
VERIFICATION
I verify that the foregoing factual representations are true and accurate to the best of my
knowledge and belief.
/s/ A. Richard M. Blaiklock
A. Richard M. Blaiklock
WORD COUNT CERTIFICATE
I verify that this Motion contains no more than 4200 words. I verify that this Motion
contains 4196 words, inclusive of the .pdf inserts.
/s/ A. Richard M. Blaiklock
A. Richard M. Blaiklock
16. 16
CERTIFICATE OF SERVICE
I hereby certify that on the 22nd day of October, 2021, a copy of the foregoing was served
on the following parties electronically by using the Court’s IEFS System, and by email.
Thomas M. Fisher
Patricia Orloff Erdmann
Jefferson S. Garn
Kian Hudson
OFFICE OF THE INDIANA
ATTORNEY GENERAL
302 West Washington Street
Indianapolis, IN 46204-2770
/s/ A. Richard M. Blaiklock____
A. Richard M. Blaiklock, #20031-49
LEWIS WAGNER, LLP
1411 Roosevelt Avenue, Suite 102
Indianapolis, IN 46201
Phone: 317-237-0500
Fax: 317-630-2790
rblaiklock@lewiswagner.com