Kokomo Tribune; Kokomo, Indiana

October 11, 2012

Indiana justice challenged over contentious ruling

The Associated Press

Indianapolis — An Indiana Supreme Court justice who wrote a ruling that set off a political uproar faces a rare challenge.

Justice Steven David must pass a retention vote in the Nov. 6 election to keep his place on the state's highest court.

Tea party activists are urging voters to oust him because of a 2011 decision David wrote ruling residents didn't have the right to resist police officers who illegally enter their homes. Critics say the 3-2 decision violated citizens' longstanding right to defend their homes.

Legislators approved a new law this year aimed at negating the ruling.

But the critics are waging an uphill battle. Not a single justice has been removed from the court since 1970.

If David wins, he won't face another retention vote for 10 years.