Emotions are running so hot over a controversial Indiana Supreme Court ruling that one columnist has urged the opinion’s author, Justice Steven David, to “pack your bags while you can.”
In a NWI Times commentary, Mark Kiesling sharply criticized the 3-2 court ruling. It said citizens do not have a legal right to resist unlawful police entry into their homes. The ruling brought Indiana law into line with that of many other states (see Gavel Grab).
Kiesling suggested that the the ruling imposes a “police state,” and he said the majority opinion “could have come straight from Uncle Joe Stalin’s chief prosecutor.”
At a protest rally, there were calls to oust Justice David when he appears on a retention ballot next year.
Kiesling wrote that Justice David “has become the lightning rod for anyone interested in preserving his or her Fourth Amendment rights.”
He went on, “It’s time to take him down. Anyone can make a mistake, sure. But when you make one of this magnitude, you have proven you don’t have the right stuff to be a justice on a state’s highest court.”
The commentator quoted Justice David as writing that “the right to resist an unlawful police entry into a home is against public policy.” Kiesling retorted, “No, Justice David. It is you who are against public policy. Pack your bags while you can.”