Tuesday, April 19, 2011

Sneaky Republicans: "Charlie's Law"; Defunding Planned Parenthood in Indiana

Yesterday, my State Senator, R. Michael Young, proposed and passed an amendment to a bill which ensures that the Republicans will continue to hold the Secretary of State's seat.

If the bill becomes law, as WISH-TV's Jim Shella reports, Governor Mitch Daniels will name the Secretary of State instead of the current state law's remedy of Democrat Vop Osili taking the position as the second-highest vote getter.

This essentially would take much of the pressure off the Republicans at the Indiana Recount Commission who will decide soon if current Secretary of State Charlie White was actually eligible to run for the office when he filed his candidacy. The Indiana Democratic Party contends that since he was not registered to vote legally, then he was not eligible to be a candidate for the office. Earlier this month, Judge Lou Rosenberg threw the case back to the Recount Commission after it refused to hear the case before.

It was a sneaky way for the Republicans to protect themselves, and there are few in the Indiana Senate that are sneakier than Mike Young. Like many in the Senate, he's a pure partisan, and this trumping of the current Indiana law to protect his own party is just another example of this.

Shella reports that if the "Charle's Law" becomes law, then the party will consider suing.

For his part, Senator Young was as glib as ever. He told the Indianapolis Star's Mary Beth Schneider that, "The loser shouldn't win." So, I guess that means the Governor can now appoint someone no one voted for to begin with. Hmm...the only losers in this equation were Hoosier voters.

Also revived yesterday by Republican Senator Scott Schneider, the Republican plan to defund Planned Parenthood at the state level that had died when the Democrats walked out of the Indiana House in February . A bill containing a new amendment by Schneider passed the Senate, 36-13. It will have to be reconciled in conference committee as the original bill passed by the House did not contain the plan to defund the crucial women's health organization.


Paul K. Ogden said...

I'd be interested in hearing the legal basis for a challenge to any Charlie White law that is adopted. Legislatures can pass laws and apply them retroactivelly....as long as they are not punitive in nature and would constitute an ex post facto law.

Sometimes there is the issue whether the legislature INTENDED the law to apply retroactively, but in this case there is no doubt...that's exactly what they'd be doing.

I don't know how any such law would be unconstitutional. I'm confused on Parker's claim he would sue...what's the legal theory. It might be a bad law, it might be unfair, but those things don't mean a law is unconstitutional.

David Sanders said...

Please take a look at my Guest Opinion in the Journal and Courier