Developments in Indiana Constitutional Law: A New Equal Privileges Wrinkle

Abstract

After the turnover of three justices in as many years, the Indiana Supreme Court’s membership remained constant during the survey period.1 The court plowed little new ground in state constitutional law, and only time will tell whether the survey period represents the beginning of a pattern of less state constitutional activity by this “new” Indiana Supreme Court. The Indiana Supreme Court did, however, issue an important decision applying the equal privileges and immunities clause, further explaining the significance of the requirement that statutory classifications be based on categories that possess “inherent differences” from one another.2 The Indiana Court of Appeals applied the Indiana Constitution in the context of the education provisions in article 8, rejecting a claim for damages under the Indiana Constitution.3 The Indiana Supreme Court applied the free expression provisions of the Indiana Constitution to a case involving threats.4 And, as in most years, the supreme court and court of appeals issued decisions continuing to develop Indiana’s unique constitutional doctrines regarding searches and seizures and multiple-punishments double jeopardy.5