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Will voters oust Indiana Supreme Court justices over abortion decision on Election Day?

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Will voters oust Indiana Supreme Court justices over abortion decision on Election Day?


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Voters in Indiana don’t get a direct say in who gets to serve on the Indiana Supreme Court, but they do get to weigh in this fall on whether some of those justices get to stay in their roles.

Three of five Indiana Supreme Court justices will be up for retention vote on Nov. 5. Voters will be asked whether Chief Justice Loretta Rush, Justice Mark Massa and Justice Derek Molter, all appointed under Republican governors, should serve additional terms.

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While judge retention elections are typically sleepy affairs in Indiana, that isn’t true this year. The retention question has attracted more attention due to past court decisions: namely, upholding Indiana’s abortion ban.

The Indiana Supreme Court upheld Indiana’s near-total abortion ban in 2023 in a 4-1 decision. Molter wrote the opinion, to which Rush and Massa agreed, that the state has an interest in “protecting prenatal life” and that the Indiana General Assembly “retains broad legislative discretion for determining whether and the extent to which to prohibit abortions.”

That has led to a campaign against them from abortion-rights voters who want to make their displeasure heard over the court’s decision.

“Justices Rush, Massa, and Molter are responsible in part for Indiana’s abortion ban,” according to a Facebook post from MADVoters Indiana, an advocacy group that has been supporting Indiana’s Democratic candidates. “We can hold them accountable for their decision at the ballot box.”

Meanwhile, a group called the Committee to Preserve the Indiana Supreme Court recently launched to defend the records of Rush, Massa and Molter.

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“The court’s body of work shows a dedication to the constitution and interpreting the law as written,” according to the group’s Facebook page. “You won’t find judicial activists on the Indiana Supreme Court. Because here, they interpret the law — they don’t write it.”

Who are the justices?

All of the justices on the Indiana Supreme Court were appointed by Republican governors after a merit selection process by a judicial commission. The three up for retention vote this fall are:

  • Chief Justice Loretta Rush: appointed by Gov. Mitch Daniels in 2012 and first retained by voters in 2014. She was named the state’s first woman chief justice in 2014. She was a longtime attorney in the Lafayette area and served as a superior court judge in Tippecanoe County. She has worked at the national level to address issues including courts’ responses to the mental health crisis through the Conference of Chief Justices and served as chair of the National Judicial Opioid Task Force.
  • Justice Mark Massa: appointed by Gov. Mitch Daniels in 2012 and first retained by voters in 2014. Massa started his career as a journalist in Indiana and then entered politics, serving under former Gov. Robert Orr. He then was a deputy prosecutor and an assistant U.S. attorney in the Southern District of Indiana. He also was part of the Daniels administration, serving as general counsel.
  • Derek Molter: appointed by Gov. Eric Holcomb in 2022. This is Molter’s first retention vote. He most recently served on the Court of Appeals and is from Newton County. He used to be a partner in Ice Miller law firm’s litigation practice group, where he worked on appeals in state and federal courts.

What is the judicial retention process?

Indiana’s judicial retention process serves as a “check on their performance” at periodic intervals, according to the Indiana Judicial branch website. It was put in place in 1970 after Indiana voters approved a constitutional amendment.

“Judges who are candidates for retention are not permitted to campaign or solicit public support or campaign funds unless there is organized opposition to their retention,” according to the Indiana Judicial Branch website.

If one or more of the judges is not retained, Indiana would use the judicial nomination commission to select a new lawyer, and the Indiana governor would make the appointment from a list of nominees by the commission.

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“Once appointed, a justice or judge must stand for a retention election at the first statewide general election after the justice or judge had served for two full years and, if retained, every 10 years thereafter,” according to the Indiana Judicial Branch.

A referendum on abortion?

Some abortion-rights voters appear to be using the retention votes as a way to express displeasure over the state’s near total abortion ban.

The outcome of the retention vote wouldn’t directly impact the state’s ban, however. It could even backfire for abortion-rights voters, wrote Sheila Kennedy, an emerita law and public policy professor at Indiana University’s School of Public and Environmental Affairs, since a Republican governor would likely be in charge of the judicial nomination process, barring an upset win by Democratic governor candidate Jennifer McCormick.

“I share the anger of people who oppose Indiana’s ban, but our animus should be directed at the legislature–not at a court that, rightly or wrongly, held that the legislature had authority to act,” Kennedy wrote in a recent blog post.

Outgoing state Rep. Jerry Torr, R-Carmel, said in a Facebook post that he believed the justices are “always fair, unbiased and objective” even if he doesn’t agree with them.

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“It’s quite possible that one or more of the justices might even have voted against the bill had they been in the legislature,” Torr said. “Their decision was not about whether the law was appropriate, but simply whether or not it was constitutional.”

What do Indiana lawyers think?

Hundreds of members of the Indiana State Bar Association expressed support for retaining all three judges in its latest retention poll, released Oct. 8.

Rush had the strongest support among those polled, with 88% of the 397 respondents voting saying she should be retained. Massa and Molter each had support of 84% of those polled.

“Lawyers are uniquely qualified to evaluate members of the judiciary, as it’s important to evaluate a judicial officer on their track record rather than a single ruling,” according to a press release from the bar association.

The poll, however, represents a small slice of lawyers in Indiana. There were 6,901 attorneys who were invited to take the poll and the organization has about 10,000 members.

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Hayleigh Colombo is the senior government accountability reporter from IndyStar. She can be reached at hcolombo@indystar.com.



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Indiana

Are Caitlin Clark’s Air Force 1s the key to Indiana Fever’s playoff success?

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Are Caitlin Clark’s Air Force 1s the key to Indiana Fever’s playoff success?


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Caitlin Clark may not be able to play for the Indiana Fever, but she’s clearly trying to influence her teammates with her shoe game. The All-Star guard, who is out with a right groin injury, has worn black Nike Air Force 1 sneakers for the last three games of the playoffs.

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The Fever’s record in those three games: 3-0.

It started when the Fever were down 1-0 in their best-of-3 first-round series to the Atlanta Dream. She walked out on the court with the shoes, which exude toughness, and got a big reaction from teammates.

“I fear you, you mean business,” Fever All-Star center Aliyah Boston joked before Game 2. “Black Forces?! Them (refs) better watch out.” 

BE LIKE CAITLIN CLARK: Buy black Air Force 1s

Ever the superstitious type, after the Fever won Game 2, Clark wore same outfit and Air Force 1s for Game 3. After the Fever upset the Dream, they celebrated the shoes on the court.

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“I mean, they’re working, so,” teammate Lexie Hull said following the Game 3 win. “We told her she’s bringing them in her bag, wearing them every day.”

For Game 1 of the semifinals against the Las Vegas Aces, Clark wore black and white Nikes to the Michelob ULTRA Arena. Indiana’s Sophie Cunningham was concerned, asking about the black Air Forces. Clark said: “Don’t worry, I’ve got them.”

Clark wore all black for the game, including the Air Force 1s, and the Fever stunned the Aces to take a 1-0 lead in the best-of-5 semifinals.

Here’s guessing the black AF1s will be back for Game 2, Tuesday in Las Vegas.

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Notre Dame’s Misery Could Be Indiana’s Opportunity — Here’s Why

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Notre Dame’s Misery Could Be Indiana’s Opportunity — Here’s Why


Indiana made quick of Indiana State on Friday night, routing the Sycamores 73-0. One night later, roughly 200 miles north of Bloomington, Indiana, in South Bend, Notre Dame dropped another thriller. This one was a 41-40 loss to Texas A&M that dropped the Fighting Irish to 0-2.

Aside from the obvious in Texas A&M, Indiana may have just been the biggest winner in college football because of that.

Indiana Football’s Current Setting

Indiana football celebrates a touchdown against Indiana State in 202

Sep 12, 2025; Bloomington, Indiana, USA; Indiana Hoosiers wide receiver Jonathan Brady (0) and Indiana Hoosiers quarterback Alberto Mendoza (16) celebrate after a touchdown during the second half against the Indiana State Sycamores at Memorial Stadium. / Robert Goddin-Imagn Images

Indiana sits at 3-0 after Friday’s drubbing of Indiana State and is now preparing for No. 9 Illinois in one of the biggest games in the history of Memorial Stadium. Both the Hoosiers and Fighting Illini have realistic College Football Playoff hopes, and Saturday’s showdown will go a long way in determining who has a step up.

A win by Indiana Saturday would put it in the driver’s seat for a College Football Playoff spot ahead of Notre Dame, even if the Irish win out and finish 10-2.

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Beating No. 9 Illinois on Saturday night would mean Indiana has a top ten win to its name, something Notre Dame is almost guaranteed to not have all year, as it sits 0-2 and only has one game remaining against a team that is currently ranked (Oct. 18 vs. No. 25 USC).

Indiana’s Remaining Schedule:

Indiana quarterback Fernando Mendoza during a 2025 game against Indiana Stat

Sep 12, 2025; Bloomington, Indiana, USA; Indiana Hoosiers quarterback Fernando Mendoza (15) runs for a touchdown during the first half against the Indiana State Sycamores at Memorial Stadium. / Robert Goddin-Imagn Images

Coaches hate looking ahead and understandably so. However, we’re not coaches here, and can look ahead without getting punished for it.

Of its nine remaining games, Indiana figures to be favored in seven. Only trips to Oregon and Penn State would appear to make the Hoosiers underdogs at this point.

College football rarely goes as we expect it to far out, but what happens if Indiana simply beats the teams, it should, with Saturday’s game against Illinois included in that?

Indiana would finish 10-2 and feature a top ten win. The best Notre Dame could currently do is run the table and finish 10-2, but that would almost certainly come without a win over a top 15 team, let alone a top 10 one.

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College Football Playoff Outlook:

Would the College Football Playoff committee agree? It can say it doesn’t favor brands over resumes all it wants, but sometimes the evidence is too strong against that. Notre Dame losing its two games by a combined four points only would be part of its case, but should margin of defeat even matter in CFP cases?

Indiana didn’t even play Saturday night but depending how the rest of the regular season goes, it may have just been the biggest winner in all of college football Saturday night, short of Texas A&M.



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Knicks Hope to Be in Pacers’ Shoes

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Knicks Hope to Be in Pacers’ Shoes


The New York Knicks hope to do what the Indiana Pacers were able to accomplish this past season by winning the Eastern Conference Finals.

The Pacers stunned the Knicks in six games to advance to the NBA Finals, where they pushed the champion Oklahoma City Thunder to a Game 7 despite losing star point guard Tyrese Haliburton to a torn Achilles midway through the final matchup.

New York Knicks forward Mikal Bridges Tyrese Haliburton Indiana Pacers

May 31, 2025; Indianapolis, Indiana, USA; New York Knicks forward Mikal Bridges (25) dribbles the ball defended by Indiana Pacers guard Tyrese Haliburton (0) in the third quarter during game six of the eastern conference finals for the 2025 NBA Playoffs at Gainbridge Fieldhouse. Mandatory Credit: Trevor Ruszkowski-Imagn Images / Trevor Ruszkowski-Imagn Images

The Pacers should be different without Haliburton in the upcoming season, opening the door for the Knicks to take over as the top team in the East. Even though Haliburton won’t be on the court, the Pacers should still have a solid team.

Andrew Nembhard is expected to have significant duties as the team’s point guard while Bennedict Mathurin will likely be his partner in the backcourt.

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Aaron Nesmith, who torched the Knicks throughout the entire Eastern Conference Finals, will likely be the team’s starting small forward. Pascal Siakam will be expected to lead the team in scoring from the power forward position while the team has question marks surrounding the center spot.

Myles Turner won’t be with the Pacers for the first time in a decade after he signed a contract with the division rival Milwaukee Bucks over the offseason, so the team needs to figure out what it will do to replace him.

“By far, the biggest question with the lineup is the center position. There is no guaranteed starter, although Isaiah Jackson is the favorite. Jay Huff and James Wiseman will likely back him up,” Indiana Pacers On SI contributor Ryan Stano wrote.

“There’s a chance that Indiana changes who they want to start at center at some point during the season, so that is a fluid spot. Tony Bradley will fight Wiseman for the third-string minutes.”

The Knicks should be favored over the Pacers during the season, but this is a team whose core was one win away from winning the championship just a few months ago.

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Therefore, the Knicks have to take the Pacers seriously if they want to overtake them in the Eastern Conference hierarchy.

Make sure you bookmark Knicks on SI for the latest news, exclusive interviews, film breakdowns and so much more!



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