The Republic: “Critics call for ‘no’ vote vs. Ind. high court justice; say ruling denied 4th Amendment right”

The Republic: Critics call for ‘no’ vote vs. Ind. high court justice; say ruling denied 4th Amendment right by Charles Wilson:

INDIANAPOLIS — An Indiana Supreme Court justice who wrote a ruling that set off a public uproar and provoked legislators into passing a new state law faces rare opposition in a routine retention vote.

Justice Steven David must pass a simple yes-or-no vote in the Nov. 6 election to keep his seat on the state’s highest court. Experts say Indiana judges survive them more often than not.

But opponents, from tea party activists to Libertarians, want David ousted over a 2011 decision he wrote asserting Indiana residents didn’t have the right to resist the police, even if the officers illegally enter their homes. Critics said the 3-2 decision contradicted the Fourth Amendment, which requires police to obtain a court warrant, and violated citizens’ centuries-old right to defend their homes.

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