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Indiana’s Barrett A Top Contender In Brewing Supreme Court Battle

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Indiana’s Barrett A Top Contender In Brewing Supreme Court Battle

June 28, 2018, by Marilyn Odendahl and Associated Press 

 

With another seat opening on the U.S. Supreme Court, Notre Dame Law School professor and 7thCircuit Court of Appeals Judge Amy Coney Barrett is being viewed as a leading contender on President Donald Trump’s list of potential nominees.

Barrett, who was confirmed to the Chicago-based appellate court less than eight months ago, is on Trump’s list of 25 Supreme Court-worthy nominees, but she is now seen as being on a much shorter list.

As Brian Paul, a partner at Faegre Baker Daniels in Indianapolis explained, Barrett has the qualities the president wants in a nominee – smart, young and tough. “Barrett has every one of those qualities,” said Paul, who practices in the appellate courts and is a member of the 7th Circuit Bar Association.

Barrett, born in 1972 in Louisiana, is a graduate of Notre Dame Law School and clerked for the late Justice Antonin Scalia. She also endured a bruising confirmation process, with Democrats hammering her legal views before she was confirmed by a 55-43 vote. Sen. Joe Donnelly D-Indiana, along with his Democratic colleagues, Sens. Tim Kaine of Virginia and Joe Manchin of West Virginia, voted for her.

Also, because the Senate majority is pushing to get Kennedy’s vacancy filled before the mid-term elections, Barrett is a strong choice since because has just been through the confirmation process for the 7th Circuit. The paperwork and background checks have been done and, as Paul noted, if there is anything in her background that could derail her nomination, it would have come out by now.

Moreover, she is a woman, and Trump might believe nominating a female will help him shore up the women’s vote in the upcoming elections.

“The stars are aligning for her,” Paul said of Barrett. Another female 7th Circuit judge, Diane S. Sykes of Wisconsin, is also on Trump’s list of potential nominees.

If Barrett is nominated, her experience surviving a difficult confirmation battle will have prepared her for what will likely be an ugly brawl over the Supreme Court vacancy.

“Barrett’s really in play because Democrats beat up on her (during her 7th Circuit confirmation), and I thought she did as good a job as anyone in that situation,” said Carl Tobias, a professor at the University of Richmond School of Law.

All sides quickly mobilized Wednesday after Kennedy — a singular voice on the court and a swing vote whose positions have decided issues on abortion, affirmative action, gay rights, guns, campaign finance and voting rights — sent shockwaves through Washington by announcing his retirement plans.

Trump said he would start the effort to replace Kennedy “immediately” and would pick from a list of 25 names that he updated last year. Senate Majority Leader Mitch McConnell declared that the Senate “will vote to confirm Justice Kennedy’s successor this fall.”

With Kennedy’s departure, Republicans have a longed-for opportunity to tip the balance of the court. It already has four justices picked by Democratic presidents and four picked by Republicans, so Trump’s pick could shift the ideological balance toward conservatives for years to come.

Republicans also have a chance to make judicial nominees a top campaign issue, which could help motivate conservatives and evangelicals to vote in November. The playbook worked in 2016 when Republicans rallied around McConnell’s successful block of then-President Barack Obama’s nominee to the court, Merrick Garland.

If Republicans unite behind Trump’s selection, there’s little that Democrats can do to stop it. Republicans changed the Senate rules last year so that Supreme Court nominees cannot be filibustered, meaning only 51 votes will be required to confirm.

But while Republicans are aiming for speedy action, Democrats quickly argued that any decision should be put on hold until after midterm elections, citing McConnell’s 2016 moves. Senate Minority Leader Chuck Schumer, D-N.Y., said it would be the “height of hypocrisy” to vote sooner.

Immediately after Kennedy announced he was stepping down, outside groups on the left and the right began lining up and preparing to fight.

Paul sees the sharp reaction as a result of the legislative branch ceding much of its power to the judicial branch. Statehouses and Congress have passed statutes in the past 40 years that have many gray areas that require the courts to interpret. So the judiciary has been deciding issues that were previously the domain of the elected representatives and, as a consequence, the Supreme Court, in particular, has become very politicized.

Since the 1960s, the Supreme Court has recognized itself as having purview over issues which, Paul said, the Constitution has not explicitly granted to the judiciary. Social issues such as abortion and same-sex marriage, he continued, are being decided by the justices rather than being debated and decided by elected officials who are accountable to voters.

Certainly, a flashpoint in the nomination process will be abortion rights. This puts a spotlight on key female Republican senators, Susan Collins of Maine and Lisa Murkowski of Alaska. Both have supported abortion access.

The abortion issue could also prove difficult for Sen. Dean Heller of Nevada, the most endangered Senate Republican running for re-election this fall, whose views have shifted against abortion rights.

Schumer said the Senate should reject “on a bipartisan basis any justice who would overturn Roe v. Wade or undermine key health care protections.”

With Republicans only holding 51 seats in the upper chamber, the nominee will have to be someone who can unite the majority, Tobias said. The rush to get a quick confirmation could be derailed if the nominee fails to get support from all the Republican Senators.

In addition to Barrett, other possible nominees being eyed include Thomas Hardiman, who serves alongside Trump’s sister on the Philadelphia-based 3rd U.S. Circuit Court of Appeals, and Raymond Kethledge, a federal appeals court judge who clerked for Kennedy.

Also of interest are Amul Thapar, a federal appeals court judge from Kentucky who is close to McConnell; and Brett Kavanaugh, a former clerk for Kennedy who serves on the federal appeals court in Washington, D.C.

Among Trump’s counselors is Leonard Leo, who is taking a leave of absence as executive vice president of the Federalist Society to serve as an outside adviser to the process. Leo said Wednesday that it was important to first focus on Kennedy’s legacy and demonstrate appreciation. From there, he said, the “White House will begin to winnow the president’s list to a manageable short list.”

“The president has been very clear over and over what his standards are,” Leo said.

Senators were bracing for the tough days ahead.

Republican Sen. Ben Sasse of Nebraska, a member of the Judiciary Committee, bluntly talked of the “blood sport” likely to be triggered by the nomination fight.

“Americans ought to aim higher,” he said.

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That’s The Alarm Bell You Are Hearing

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That’s The Alarm Bell You Are Hearing

By CCO Statehouse Editor Gail Riecken 

John Krull, Publisher of The Statehouse File, clearly was alarmed about poverty in Indiana in his recent article, ‘Shouts Across the Great Divide’.

He had just learned that almost half the people in Marion County (Indianapolis) are struggling to make ends meet. They are either below the poverty line ( 19% ) or above and struggling – the working poor (26%).

Added together that brings the number of people to 45%, according to the ALICE Report, Asset Limited, Income Constrained – folks that don’t have the buying power in personal income for basic necessities.

The numbers are about the same in Vanderburgh Co – 14% below the poverty line and 29% struggling to afford the basic necessities, a total of 43%.

It doesn’t take Newton’s apple falling on our heads to understand we all, including policymakers, have a real challenge to do something different than what we are doing. Our communities can’t succeed with nearly half of the population on survival mode.

Krull quotes The Indianapolis Business Journal: “the consequences to society of having a portion of the population consistently in poverty [are] – loss of productivity, increased crime rate, higher medical costs, greater rates of incarceration.”

It’s time that our legislators move ahead on issues that affect working families, including policies like paid family and medical leave and increasing the minimum wage. We need to improve our education system statewide to help students get the good paying jobs, including model programs for incarcerated youth; we need to help families stay physically and mentally healthy. And yes, we need to protect the most vulnerable and that means solving the problems of the Department of Child Services (DCS).

In Indiana, legislators have a chance every summer to address family-support issues. This summer there are two study committees on family issues. One is going to continue work on the criminal justice system, and another is set to begin work on restarting the troubled Department of Child Services.

Ask your legislators to do everything they can to advance the issues that can help families exist the ALICE poverty numbers.

John Krull is right to be alarmed.

Stephanie Terry – A Devoted Wife, Loving Mother, Career Woman, Civic Leader, And Dedicated Volunteer. 

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PROFILE OF Stephanie Terry – A Devoted Wife, Loving Mother, Career Woman, Civic Leader, And Dedicated Volunteer 
Stephanie Terry – a devoted wife to Marques, loving mother of three, career woman, civic leader, and dedicated volunteer. 

Stephanie is currently the Executive Director of the Louis J. Koch Family Children’s Museum of Evansville (cMoe) and has over 15 years’ experience in not-for-profit organization management at various youth-serving organizations in the Evansville area. Since joining the museum 7 years ago, Stephanie and her team have increased visitors, museum membership, raised over $1M for new capital projects, which hasn’t been done since the museum’s capital campaign in 2006, launched a new reduced admission program for low-income families, and established a new professional development program for local businesses to help infuse creative thinking in the workplace. In 2017, the museum was named the Southwest Indiana Chamber Nonprofit of the Year. cMoe is a leader in early childhood development which enables and encourages children to think critically and creatively through play. Children with highly developed cognitive, motor, social and emotional skills are able to reach their full potential and cMoe is a place where parents can bring their children to build those competencies. Stephanie’s strong leadership and vision for cMoe continues to propel the organization to new heights with each passing year.

In 2010, Stephanie Terry was appointed to the Vanderburgh County Council to fulfill a vacant seat and approximately six months later she was successfully elected to the position, as the first African American woman to serve on Council. She was re-elected in 2014 and is now serving her second four-year term. In her role on the Vanderburgh County Council, she has taken on county issues with determination and effectiveness. As a councilwoman, she remains supportive of tax phase-ins for new companies and for those expanding- creating jobs; and protecting the Homestead Credit for families to lessen the impact of property taxes. Stephanie was the main voice that called for inter-local agreements to be reviewed annually to ensure all contracts are adhered to. She works diligently with officeholders and county department heads, regardless of political party, to hold the line on spending despite shrinking revenues and the Indiana state-imposed tax caps. When funding for the Human Relations Commission was going to be cut, she fought to protect the department which enforces anti-discrimination laws and promotes equal opportunity. Her voice on the Council has also made a difference in the support provided for the Initiative Based Assistance Program, which provides families assistance for child care expenses and safety net issues such as car repair. 

Her civic and community works do not stop there; she has served on the board of directors of Southwestern Behavioral Healthcare, YWCA, Visiting Nurse Association, City of Evansville Board of Public Safety, and Diversity Lecture Series. Stephanie is also a member of the Commission on Homelessness, The Women’s Hospital Advisory Council and the immediate past president of the Evansville Alumnae Chapter of Delta Sigma Theta Sorority, Inc. She also serves on the Association of Children’s Museum board of directors. 

Stephanie has received numerous awards and recognition for her commitment to service in this community. In 2011, the Evansville Courier & Press named Stephanie a “20 under 40” Emerging Leader. In 2015, she was awarded Soror of the Year by the Midwest Region of Delta Sigma Theta Sorority, Inc. In 2017, the University of Southern Indiana Multicultural Center recognized her as a Phenomenal Woman and recently, Stephanie was named one of the 2018 Southwest Indiana Chamber Athena finalist. 

Rules Changing For Indiana Notaries

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By Brynna Sentel

TheStatehouseFile.com

INDIANAPOLIS—Becoming a notary or maintaining a commission is changing on July 1 with a new law that will provide better protections for notaries and their clients.

The new rules, passed in the 2017 legislative session, increases the size of the bond notaries must have, adds training and allows higher fees for services.

A notary public is appointed by the state to serve as an impartial witness in the signing of important or official documents.

Currently, to obtain these public office individuals must acquire a $5,000 bond, which accounts for any legal fees a customer may face should there be an issue with a notary and it needs to be heard by a court. The current law also limits notaries public to a $2 fee for their services, requires them to live in Indiana and undergo a short training session,

Under the changes to the law, citizens who live outside of state borders but primarily work in Indiana are able to become a notary public for the state of Indiana.

“That makes sense if someone is working in Indiana they can qualify to become a notary here in the state,” said Ryan Hart, a notary and vice president, commercial banking officer at Lake City Bank in Indianapolis.

Under the new law, the bond requirement will be raised to $25,000 and a $10 travel fee may be charged.

Currently, no proof of bonding is required but the new law requires Indiana’s secretary of state to keep electronic copies of bonds.

Now, individuals must take an educational course pass along with pass an exam at the time of commission or re-commission. Additionally, notaries public will be required to take a continuing education course every 2 years.

“Ultimately that is a good thing as a bank we have a lot of documents that are notarized and we want to make sure that if we need to enforce those documents in court that we can and make sure that all of our people are properly trained,” Hart said.

Those who are commissioned as a notary public prior to July 1 will be grandfathered in and will not need to abide by the new requirements until they re-commission. A commission is good for eight years.

FOOTNOTE: Brynna Sentel is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

COMMENTARY: Connie Lawson In Violation Of Constitutional Term Limits

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Connie Lawson In Violation Of Constitutional Term Limits

written by Andrew Horning from Freedom, Ind.

Article 6, Section I of the Constitution of the State of Indiana says of Secretary, Auditor, and Treasurer of State candidates: “no person shall be eligible to either (sic) of said offices, more than eight years in any period of twelve years.”

Connie Lawson was appointed to the position in April 2012 and was elected to a full term in 2014.  So she’s already held the office for more than 6 years.  She is seeking re-election to another four-year term.  Constitutionally, she is ineligible.

Now, since there is already at least one attorney working on a defense of this obvious violation of constitutional term limits, this is obviously yet another premeditated attempt to violate the law, win a fight in both court and electoral politics, and get away with it.

I have nothing against Connie Lawson or her thirty years of public service.  Some of the finest people I know are Republicans, I have run for office as a Republican myself, and this is no attack on the party or the people in it.  I am sorry that I have to be the one to point this out.  I was hoping someone of principle would’ve dealt with this properly by now.

But this is a matter of fundamental law, and the principle that the greater the power, the greater the accountability to law really ought to be.  We have for too long gotten this backward.  It shouldn’t be only us little folk who must obey laws.

This intentional violation of constitutional term limits is, at the least, an underhanded gambit to groom and appoint the next SOS by the GOP leadership, thereby conferring the enormous advantages of incumbency to the next GOP candidate for this office.

All polls ever done on the subject of term limits show that most people want more term limits than we currently have…certainly not fewer.  I can’t imagine anyone wants existing limits violated.  And a good part of people’s desire for term limits is to minimize the power of incumbency and partisan games as appears to be brewing here.

So, as a matter of law, public preference, and point of principle, the GOP ought to thank Connie for her service, and appoint another candidate for SOS before the deadline for doing so passes.

Sincerely,

Andrew Horning

 

Indiana’s King Repeats as Big Ten Female Athlete of the Year

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Indiana University swimmer Lilly King was named the 2017-18 Big Ten Female Athlete of the Year on Thursday, the league office announced. Wrestler Kyle Snyder of Ohio State was named the Jesse Owens Male Athlete of the Year.

King becomes just the third person – man or woman – to win the award in back-to-back seasons and is also just the third person in league history to earn the honor more than once. Wisconsin’s Suzy Favor was named Big Ten Female Athlete of the Year for three-straight seasons from 1988-90, while Snyder also repeated this year.

Last year, the Evansville, Ind. native, became the first woman in Indiana history to be named Big Ten Female Athlete of the Year. King joins an elite list of Hoosiers who earned the award – Jim Spivey (1982), Sunder Nix (1984), Steve Alford (1987), Anthony Thompson (1990) and Derek Drouin (2013).

“Lilly has, in just three years, cemented herself as one of the best female athlete in Indiana University history,” Indiana head swimming coach Ray Looze remarked. “It’s hard to believe she has yet another year remaining to achieve even more. We are so fortunate to have her come into our lives. She is a true pleasure to coach every day.”

The Big Ten Conference has recognized a Jesse Owens Male Athlete of the Year since 1982 and first honored a Female Athlete of the Year in 1983. The Big Ten Athletes of the Year are selected by a panel of conference media members from nominations submitted by each institution.

The six-time NCAA champion successfully defended her titles in both the 100 and 200 breaststroke in 2018, posting the fastest times in history in both events and becoming the first woman in Big Ten history to win three-straight national championships in league history.

King’s six NCAA crowns are the most for any woman in Big Ten history and also matches Rebecca Soni of USC and Kristy Kowal of Georgia’s NCAA record of six total breaststroke titles.

Along with her two championships, King earned four All-America honors, helping the Hoosiers place eighth overall at the NCAA Championships – the third-straight top-10 finish for Indiana.

Along with her NCAA titles, King was named Big Ten Swimmer of the Year for the third time and also earned her third-straight First-Team All-Big Ten selection.

At the 2018 Big Ten Championships, King won two individual league titles, sweeping the breaststroke events for the third-straight season, and also helped IU win crowns in the 200 and 400 medley relays. For her career, King is a 12-time Big Ten champion.

 

ADOPT A PET

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Athena is a black female terrier mix puppy! She’s only 2 months old. She currently has a cherry eye, which is a common condition that can be treated with corrective surgery. VHS has a few options for this surgery that can be discussed at the time of adoption. Her $130 adoption fee includes her spay, microchip, and first vaccines & deworming! (Additional vaccines due after adoption.) Contact Vanderburgh Humane at (812) 426-2563 or adoptions@vhslifesaver.org for adoption details!

 

Mike Braun Statement on Justice Anthony Kennedy’s Retirement

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Mike Braun for Indiana released the following statement on Justice Anthony Kennedy’s announced retirement from the Supreme Court of the United States:
“I want to thank Justice Kennedy for his distinguished service to our nation and wish him well in his retirement,” said Mike Braun. “Given that it’s an election year, I expect Senator Donnelly to vote for President Trump’s nominee to distract from his liberal record of opposing tax reform, passing ObamaCare, and supporting Obama’s nuclear deal with Iran. Hoosiers won’t be fooled by Senator Donnelly’s election year pandering.”

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