ESPN sues Notre Dame over police records

[Irish#1]

Can you appeal higher in Indiana? Would the Indiana supreme court take on such a case?

They can appeal to the ISC. Now whether they say "we'll listen" or not, I have no idea.

 

[T Town Tommy]

They can appeal to the ISC. Now whether they say "we'll listen" or not, I have no idea.

I guess the question is whether they would even need to appeal given the recent bill that passed in the legislature. The question would then become whether the new law - given the bill is signed by the Governor - is challenged. I would almost bet someone challenges it be it ESPN or the Tribune - who backed ESPN in the initial lawsuit.

 

[Legacy]

Indiana governor concerned about Notre Dame police bill

The Republican governor has until Thursday to make up his mind on the measure, which was pushed by the state's private colleges and would allow them to escape more stringent crime reporting requirements faced by Indiana's public universities.

Fight Over Private College Police Records

The legislation would require that police departments at private colleges and universities, which have argued they are exempt from public access laws, release records related to arrests for criminal offenses. The bill exempts those colleges from releasing investigatory records, however, as well as detailed information about incidents that do result in an arrest.
Only a record that is “created solely for a law enforcement purpose and relates to arrests or incarcerations for criminal offenses” would be subject to the new law. The legislation has yet to be signed by Indiana’s governor, Mike Pence, who said this week he has reservations about the bill, saying that he's a champion of the "public's right to know."

 

[Legacy]

I guess the question is whether they would even need to appeal given the recent bill that passed in the legislature. The question would then become whether the new law - given the bill is signed by the Governor - is challenged. I would almost bet someone challenges it be it ESPN or the Tribune - who backed ESPN in the initial lawsuit.

On what basis would the law, if signed, be challenged in the courts?

 

[IrishLax]

It's truly crazy the confluence of events that has led this to happen. First, you had to have an appeals court willing to reject decades of precedent. But even before you got there you had to have a public access counselor willing to go against what everyone before him had said, and an attorney general also willing to do the same thing.

Then you have a Governor still hurting over the PR disaster of the religious protection bill that caused a flashpoint over being "anti-gay"... so then he vetoes a bill that passed UNANIMOUSLY.

<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">Today I vetoed House Enrolled Act 1022, a bill that would limit transparency at private universities <a href="https://t.co/KOv23hPBhX">https://t.co/KOv23hPBhX</a></p>— Governor Mike Pence (@GovPenceIN) <a href="https://twitter.com/GovPenceIN/status/713084466739064832">March 24, 2016</a></blockquote>
<script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script>

Looks like ESPN is going to be able to write their muckraking piece after all.

This is what the legislators had to say on it, hopefully they override his veto:

“HEA 1022 concerns the records of criminal acts, not accidental claims. In particular, HEA 1022 would have helped victims of rape as well as sexual assault and battery. It was never intended to influence the ESPN lawsuit against the University of Notre Dame. The Indiana Court of Appeals recently ruled in favor of ESPN. The case will next go before the Indiana Supreme Court. If the court upholds the appellate court decision, then the new law would naturally have had to be reviewed to ensure it complies with the high court’s decision,” Bauer said.

“HEA 1022 had unanimous, bipartisan support with only one vote against it during its entire journey through the Indiana House and Senate. Legislators in both chambers carefully examined the issue in public hearings and in both chambers. Unfortunately, most of the special interests who opposed the bill did not attend those committee hearings nor witness the debates on the bill in both the House and Senate. Yet, those same individuals claim the bill places greater restrictions on access to public records.”

The bill had passed 93-0, and 49-1... completely bi-partisan.

 

[phgreek]

It's truly crazy the confluence of events that has led this to happen. First, you had to have an appeals court willing to reject decades of precedent. But even before you got there you had to have a public access counselor willing to go against what everyone before him had said, and an attorney general also willing to do the same thing.

Then you have a Governor still hurting over the PR disaster of the religious protection bill that caused a flashpoint over being "anti-gay"... so then he vetoes a bill that passed UNANIMOUSLY.

<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">Today I vetoed House Enrolled Act 1022, a bill that would limit transparency at private universities <a href="https://t.co/KOv23hPBhX">https://t.co/KOv23hPBhX</a></p>— Governor Mike Pence (@GovPenceIN) <a href="https://twitter.com/GovPenceIN/status/713084466739064832">March 24, 2016</a></blockquote>
<script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script>

Looks like ESPN is going to be able to write their muckraking piece after all.

This is what the legislators had to say on it, hopefully they override his veto:


The bill had passed 93-0, and 49-1... completely bi-partisan.

OK I don't know Indian's requirements to overcome a Veto...but when something comes to your desk with that much support...is it not waste and abuse to veto it? It seems it is already veto-proof. Why would you do that. Does he think he is going to rally support to his way of thinking...I mean that seems like a LOOOONG shot at best. I give him credit for falling on his sword if he really believes he is right, but geez, this seems like one where he could say he totally disagrees, but can't see his way clear to veto given the numbers....ie it is a waste of taxpayer money to veto this.

 

[loomis41973]

Good job Gov. Pence.

 

[Whiskeyjack]

Good job Gov. Pence.

Why do you post here, loomis? You seem to be very anti-ND.

 

[loomis41973]

Why do you post here, loomis? You seem to be very anti-ND.

Don't know why you would think that??? I love Notre Dame.

 

[Whiskeyjack]

Don't know why you would think that??? I love Notre Dame.

Well, this particular decision by Mike Pence is not helpful to ND, and you just applauded it. I also vaguely recall you complaining about ND students (maybe in the Gehrig Dieter thread?) and the Catholic Church in general...

Apologies if that's inaccurate. Just couldn't remember the last time you posted something positive about the school.

 

[IrishLax]

OK I don't know Indian's requirements to overcome a Veto...but when something comes to your desk with that much support...is it not waste and abuse to veto it? It seems it is already veto-proof. Why would you do that. Does he think he is going to rally support to his way of thinking...I mean that seems like a LOOOONG shot at best. I give him credit for falling on his sword if he really believes he is right, but geez, this seems like one where he could say he totally disagrees, but can't see his way clear to veto given the numbers....ie it is a waste of taxpayer money to veto this.

It's because he got absolutely crushed for not being smart/PC/progressive with the religious freedom bill a few months back. That absolutely blew up on him. So he wants to be able to say he "fought for police transparency" as he has further political aspirations. A number of special interest groups and newspapers wrote op-eds saying he should veto the bill and he advisers told him it was the politically savvy move to do so.

 

[loomis41973]

Well, this particular decision by Mike Pence is not helpful to ND, and you just applauded it. I also vaguely recall you complaining about ND students (maybe in the Gehrig Dieter thread?) and the Catholic Church in general...

Apologies if that's inaccurate. Just couldn't remember the last time you posted something positive about the school.

I most surely complained about DD....Was not ND material in any form....student/athlete/person.

Catholic church????? No idea where that came from.

Just because the decision was not beneficial to ND i should disagree with it? Get real. ND can't have it both ways.

 

[dad4aa]

What is the longest time a troll has been on this site before being discovered and banned?

 

[loomis41973]

What is the longest time a troll has been on this site before being discovered and banned?

Sooo...not agreeing with everything ND makes me a troll? Anyone should be able
to see this with or without blue and gold glasses on.

Laughable and sad at the same time..thanks for playing.

 

[woolybug25]

Sooo...not agreeing with everything ND makes me a troll? Anyone should be able
to see this with or without blue and gold glasses on.

Laughable and sad at the same time..thanks for playing.

So another night where you post random statements with no substance to rile up the board?

Cool...

 

[loomis41973]

So another night where you post random statements with no substance to rile up the board?

Cool...

What's random about it? I agree with Pence and not ND.

Why would anyone be upset about it???? Because it does not benefit ND?

That's no way to live life.

 

[loomis41973]

Love the Trump Fluffer change..think i will keep it for a bit


Very typical of how snowflakes operate.

 

[IrishLax]

The other reason he vetoed the bill was to try to provide cover for this, which is what's trending on social media despite his best efforts: Indiana Gov. Mike Pence signs new abortion restrictions into law - CNNPolitics.com

You'll notice he tried to make waves with the police bill before signing this one.

 

[phgreek]

The other reason he vetoed the bill was to try to provide cover for this, which is what's trending on social media despite his best efforts: Indiana Gov. Mike Pence signs new abortion restrictions into law - CNNPolitics.com

You'll notice he tried to make waves with the police bill before signing this one.

Yea...betting that is pretty controversial.

So what does it take to overcome his veto on the police decision?

 

[ulukinatme]

Well, this particular decision by Mike Pence is not helpful to ND, and you just applauded it. I also vaguely recall you complaining about ND students (maybe in the Gehrig Dieter thread?) and the Catholic Church in general...

Apologies if that's inaccurate. Just couldn't remember the last time you posted something positive about the school.

I'd be curious what he was temporarily banned for years ago.

 

[Irish#1]

The other reason he vetoed the bill was to try to provide cover for this, which is what's trending on social media despite his best efforts: Indiana Gov. Mike Pence signs new abortion restrictions into law - CNNPolitics.com

You'll notice he tried to make waves with the police bill before signing this one.

I absolutely hate having him as my Governor. I've shared this before. Years ago when he wanted to run for a US Rep position his wife was one of my kids elementary school teachers. It's back to school night and we pull into the parking lot only to see a huge "Elect Pence" banner hung on the side of a bus. I didn't appreciate him using a school activity to shamelessly promote his campaign. He's no Mitch Daniels, that's for sure.

 

[IrishLax]

Yea...betting that is pretty controversial.

So what does it take to overcome his veto on the police decision?

If the legislature was still in session it'd be very easy, they just vote again and override his veto. But he waited until they were out of session to veto the bill so now they can't do that and they don't come back in session until next year.

 

[dad4aa]

Sooo...not agreeing with everything ND makes me a troll? Anyone should be able
to see this with or without blue and gold glasses on.

Laughable and sad at the same time..thanks for playing.

There is an old saying "you don't look for someone else's shoes under the bed unless yours have been there". Not sure your intellect is high enough to understand that statement. However, I never said you were a troll you...I asked a simple question. Funny how you assumed it was about you....

First neg rep I have ever received....trolls will be trolls.

 

[loomis41973]

There is an old saying "you don't look for someone else's shoes under the bed unless yours have been there". Not sure your intellect is high enough to understand that statement. However, I never said you were a troll you...I asked a simple question. Funny how you assumed it was about you....

First neg rep I have ever received....trolls will be trolls.

Must be the 1st you deserved...congrats.

Not seen many/any argue the point that Pence is dead right on this issue...but im sure willing to debate it if someone disagrees.

 

[phgreek]

If the legislature was still in session it'd be very easy, they just vote again and override his veto. But he waited until they were out of session to veto the bill so now they can't do that and they don't come back in session until next year.

Special Session? I would think they need to rub his nose in playing games like that with the timing, and they really need to stand up to executive over-reach. Come back in session for two days, have a small agenda, also add in an agenda item which forces what amounts to overtime pay for having to come back in session...and hang it all on him like an ox yoke lashed to anvils.

 

[johnnycando]

Must be the 1st you deserved...congrats.

Not seen many/any argue the point that Pence is dead right on this issue...but im sure willing to debate it if someone disagrees.

Look who's the common denominator lately. Maybe always.

Sorry you've fallen off the wagon or just been outed recently.

Douche.

 

[IrishLax]

Special Session? I would think they need to rub his nose in playing games like that with the timing, and they really need to stand up to executive over-reach. Come back in session for two days, have a small agenda, also add in an agenda item which forces what amounts to overtime pay for having to come back in session...and hang it all on him like an ox yoke lashed to anvils.

I have no idea how any of that works. How does one call a special session in Indiana? Would the legislators even be interested in doing it if they could?

 

[loomis41973]

Look who's the common denominator lately. Maybe always.

Sorry you've fallen off the wagon or just been outed recently.

Douche.

Awwww...how cute that you've had to resort to name calling.

 

[NOLAIrish]

I have no idea how any of that works. How does one call a special session in Indiana? Would the legislators even be interested in doing it if they could?

Typically, special sessions can only be called by the Executive and only under specified circumstances (e.g. health and safety, fiscal crisis, etc.). Some states, like Louisiana, have a veto override session that convenes at a set time after a regular session unless the legislature proactively waives it, which they nearly always do.

I don't see the latter in Indiana law. Instead, it looks like the Indiana constitution permits the legislature to override the Governor's veto at the beginning of the following session anytime the Governor vetoes a bill outside of session.

 

[IrishLax]

Typically, special sessions can only be called by the Executive and only under specified circumstances (e.g. health and safety, fiscal crisis, etc.). Some states, like Louisiana, have a veto override session that convenes at a set time after a regular session unless the legislature proactively waives it, which they nearly always do.

I don't see the latter in Indiana law. Instead, it looks like the Indiana constitution permits the legislature to override the Governor's veto at the beginning of the following session anytime the Governor vetoes a bill outside of session.

So 10 months from now, correct?