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Published by the Indiana Office of Court Services

Zoeller v. Sweeney, No. 45S00-1309-PL-596, __ N.E.3d __ (Ind., Nov. 6, 2014).

November 13, 2014 Filed Under: Civil Tagged With: B. Dickson, R. Rucker, Supreme

Dickson, J.
…
We conclude that Indiana Code sections 22-6-6-8 and 22-6-6-10 in the Indiana Right to Work Law do not violate Article 1, Section 21 of the Indiana Constitution. Any compulsion to provide services does not constitute a demand made by the State of Indiana. We reverse the trial court’s entry of declaratory judgment and its denial of the defendants’ motion to dismiss.
Rush, C.J., and David and Massa, JJ., concur.
Rucker, J., concurs in result with separate opinion.
Rucker, Justice concurring in result.
I concur in the result reached by the majority. I write separately to emphasize the significance of the Union seeking “a general declaration that the Indiana Right to Work Law is unconstitutional on its face . . . .” Slip op. at 3. As the majority points out, “[w]hen a party claims that a statute is unconstitutional on its face, the claimant assumes the burden of demonstrating that there are no set of circumstances under which the statute can be constitutionally applied.” Id. (emphasis added) (quoting Baldwin v. Reagan, 715 N.E.2d 332, 337 (Ind. 1999))
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