Municipal City of South Bend v. Kimsey

I dissent. I believe the Court's decision is wrong for the following reasons.

1. Both precedent and established constitutional jurisprudence counsel uphold ing the challenged statute.

As the Court observes, we rejected challenges to the constitutionality of statutes under art. IV, § 28, of the Indiana Constitution as non-justicilable prior to 19836. While it is certainly true that since that time, this Court has adopted different formulations or tests for analyzing such challenges, each result has been the same: the Court has deferred to the Legislature's judgment. In recent years, this has…