Ind. Att’y Gen. Will Appeal Right To Work Ruling
(Indianapolis, Ind.) – As had been expected, Indiana’s Attorney General is appealing a judge’s ruling that the state’s 2012 right-to-work law is unconstitutional.
The law prevents companies from requiring that employees pay union dues or fees if they join a union or not.
Last week, a Lake County judge ruled that the law violates a provision in the Indiana constitution barring the delivery of services “without just compensation.” State Attorney General Greg Zoeller said Thursday he is appealing the ruling straight to the Indiana Supreme Court.
“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 said.
According to Zoeller, his office has previously successfully defended the same statute from a challenge brought by the same plaintiff in federal district court in the case Sweeney v. Daniels, which is now before the federal appeals court. Zoeller’s office also is defending the right-to-work statute in a separate case in state court, United Steelworkers v. Daniels, which has not yet been decided at the trial court level.