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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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An Indiana district turned to voters to fund more preschool seats. Here’s what happened next.

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An Indiana district turned to voters to fund more preschool seats. Here’s what happened next.


(CHALKBEAT INDIANA) — When Pete Hinnefeld and his wife started looking for a preschool for their daughter, they hoped to send her to the same school her brother attended, which was just down the road from their house and offered Spanish-language immersion.

To do this for Lydia, then age 3, they were prepared to pay the $600 monthly cost.

But after voters approved a property tax referendum to fund early learning for children living within the Monroe County Community School Corporation, the family’s preschool bill was cut by more than half. Nearby preschool cut down time spent commuting to their parents’ house for babysitting, and helped Lydia build social skills.

The family are one of hundreds now benefitting from the 2023 referendum, which has more than doubled the number of children attending 3- and 4-year-old preschools in the district.

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“For us, this is why you pay taxes,” Hinnefeld said. “It’s important for young kids to have access to school and if parents need to work, it’s an opportunity to let them work.”

The referendum put forward by the district, located in Bloomington, is a first in the state, offering all families tuition support on a sliding scale based on income, no matter whether children attend a district preschool or a partner provider.

It represents a local solution to problems with accessing and affording early learning that have left thousands of Indiana families waiting for help. Indiana in December 2024 froze its Child Care and Development Fund, or CCDF, and On My Way Pre-K dollars, which provide funding for early learning for income-eligible households.

A $200 million funding increase for CCDF approved by the State Budget Committee this week will allow Indiana to begin issuing vouchers againin May to around 14,000 more children, for a total enrollment of around 57,000. Those funds will last around one year.

Still, around 20,000 children will remain on the waitlist, and families may have fewer options for where to use their vouchers as hundreds of providers have closed since the freeze was announced, according to early learning advocates in the state. In a recent survey of early childhood educators in Indiana — which includes those working in a variety of settings — 90% of respondents said families are struggling to pay tuition.

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A statewide universal preschool program is unlikely, Republican leaders have said. Instead, a legislative proposal this year would have let cities and counties — not just school districts — ask voters to fund preschool seats. It failed to get traction, but its advocates expect it to return.

The political climate isn’t especially promising for local tax increases: A new Indiana law has placed caps on property tax revenue that are already affecting local budgets. Lawmakers also recently restricted when schools can place referendums on the ballot.

Still, a new local revenue stream could be a boon in some Indiana communities, such as those with high demand for preschool, existing programs, and high social cohesion, said Sam Snideman, vice president of government relations for United Way of Central Indiana.

“There are going to be communities where this makes a ton of sense,” Snideman said. “The increasing challenge for an entity that goes before the public for a referendum is making a very clear value case. What is the common good and what is in the community interest is very important.”

School district’s pre-K enrollment doubles after referendum

Before Monroe schools brought the referendum request to voters, the district conducted a study that showed there were not enough early learning seats to serve children in the community, said Timothy Dowling, director of early learning and enrollment at Monroe schools. And families couldn’t always afford the seats that were available.

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But the district also knew that research links quality early learning improved later academic outcomes, Dowling said.

“We wanted to do everything we can to help our students get the benefit of early learning, because we know it pays off in huge dividends,” Dowling said.

The referendum equated to around a $50 increase yearly for a home with an assessed value of $250,000, according to the district website, and also paid for instructional supplies for K-12 students. It passed with 55% of the vote; Dowling said the community study and transparency about how the referendum funds would be used were key to its success.

As a result of the successful referendum, all families in the district qualify for at least $4,000 in tuition assistance for preschool for 4-year-olds, whether their children attend a district school or at one of seven community providers.

Around 76% students in the district’s program attend for free based on their family’s income, Dowling said. Families in the lowest income tier who send their children to community providers receive $8,000 in tuition assistance.

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The program also offers tuition assistance for 3-year-old preschool based on income and where the student attends school. For families making 225% or less of the federal poverty level, preschool is free at district programs. Often those families struggled the most to afford child care, even when state child care vouchers were available, Dowling said.

In 2024-25, the year after the referendum passed, the number of 4-year-olds attending preschool doubled from 184 to 378, with 64 of those children attending preschool at outside centers. This year, the district expanded preschool for 3-year-olds, based on the timeline laid out in the referendum. Enrollment jumped from 78 to 123, with another 33 students attending community child care centers, Dowling said.

With multiple types of providers, families have options, said Kelly Sipes, the executive director for Penny Lane Childcare Centers, which is a partner provider with the district. Those who need transportation might choose a district-run preschool, she said, but those who need year-round care during school holidays can choose a center like Penny Lane instead.

Her centers are usually at capacity, Sipes said, and child care needs in the community persist. When CCDF funding was cut, some of her families turned to the funding from the district instead.

“It’s awesome for the families,” Sipes said. “We should be all in this together as a community.”

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Pitching child care: ‘We live in a society’

Replicating referendum-funded preschool might work well in communities where school-based providers already exist, and where there’s a sufficient tax base and steady demand for child care, Snideman said. It would also be an incentive to attract working families.

But it could be a harder sell in rural districts, where there are fewer families and less demand.

Generally, school referendums pass in districts that are wealthier, and in areas with less farmland, said Larry DeBoer, a Purdue University professor emeritus of agricultural economics, who has studied school referendums in depth.One of the biggest predictors of success is whether a school district has tried to pass a referendum before — even if they’ve failed, a second referendum is more likely to pass, DeBoer said.

Monroe schools had previously passed an operating referendum the year before its 2023 preschool referendum. As a county, Monroe has a slightly lower per-person income than Indiana as a whole, and has more students than the small and medium-sized districts most likely to propose successful ballot measures. It’s home to Indiana University, and tends to vote Democratic in a largely conservative state.

A legislative proposal this year, HB 1430, would have given the power to levy preschool referendums to counties and cities, potentially casting a wider net for both family demand and child care providers.

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The bill did not receive a hearing, in part because Indiana legislative leaders are usually reluctant to consider bills with a fiscal impact in even-numbered years where they don’t pass a state budget. And the most recent state budget passed in 2025 was tight, with cuts to spending and programs due to a revenue shortfall.

The bill’s author, Rep. Blake Johnson, a Democrat, said that conversations about the bill have been fruitful, and that he expects the idea to return in a future session.

Given budget concerns, a locally funded solution that communities can tailor to their own needs may be more successful than a statewide one, said Patrick McAlister, who leads the Preschool Choice Alliance, a statewide group.

“This is an economic development need. Here’s the tool and the option to exercise it or not,” Johnson said.

A successful referendum would be a boon to working parents who struggle to afford the cost of early learning, said McAlister, who used to be the director of the Indianapolis Mayor’s Office of Education Innovation. But even for non-parents, a preschool referendum could have a positive impact on property values and in other ways, McAlister said.

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Ultimately, it would be one part of an “all and above strategy” addressing care for children from birth to age 2.

“We live in a society,” McAlister said. “There are certain things we hold true and caring for children is a value many people share.”

Aleksandra Appleton covers Indiana education policy and writes about K-12 schools across the state. Contact her at aappleton@chalkbeat.org.



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Ty Simpson tells why he believes Indiana dominated Alabama in Rose Bowl

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Ty Simpson tells why he believes Indiana dominated Alabama in Rose Bowl





© Grace Hollars/IndyStar / USA TODAY NETWORK via Imagn Images

Ty Simpson was a guest on the “Downs 2 Business” podcast with Caleb Downs and Josh Downs, and he discussed why he believed Indiana beat Alabama in the Rose Bowl.

The Crimson Tide’s offense was unable to score a touchdown against the Hoosiers in the 38-3 loss. Simpson shone a light on why he felt Indiana had so much success against Alabama on X.

“From my point of view, I was like they don’t much,” Simpson said. “I was like they do the same thing every down and so when I get the ball, I knew exactly what was going to happen. They just didn’t mess up, bro. They were in the exact same spot they were supposed to be, and they were so well coached. It was so much different than the SEC. In the SEC, they’ll play man, they’ll do these unorthodox coverages because kind of how it is. That game was crazy to me. Of course, I got hurt; that was a bummer. But I just knew what they were going to do, but we couldn’t really run the ball. We didn’t really throw it. It was so crazy to me how it happened.”

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Indiana went on to beat Oregon in the semifinals of the College Football Playoff, and the Hoosiers defeated Miami in the National Championship after defeating the Crimson Tide.

Simpson and Caleb Downs are now both gearing up to be drafted this month.







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3 Big Takeaways From Indiana Basketball’s Transfer Portal Dominance

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3 Big Takeaways From Indiana Basketball’s Transfer Portal Dominance


Indiana may be one of the most decorated programs in college basketball history, but a brand name no longer has the recruiting pull it used to. In the past, the Hoosiers had a foolproof sell: it’s Indiana. Nowadays, in the NIL era, the playing field has been leveled. 

To win in the transfer portal and recruiting as a whole, a program like Indiana needs a premier recruiter – and it has one in Darian DeVries.

Heading into his second season as the Hoosiers head man, DeVries is on an absolute heater, as he just landed his sixth transfer (Villanova guard Bryce Lindsay) on Wednesday night. 

With the addition of Lindsay, the Hoosiers have arguably the No. 1 transfer class in the nation and certainly one of the top three. Here are three takeaways from Indiana’s offseason thus far:

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Indiana Hoosiers head coach Darian Devries reacts in the first half of the NCAA game at Value City Arena on Saturday, March 7, 2026 in Columbus, Ohio. | Samantha Madar/Columbus Dispatch / USA TODAY NETWORK via Imagn Images

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Indiana won’t have a talent problem in 2026-27

On one hand, the expectations are high in Bloomington – especially after the turnaround Curt Cignetti engineered in just two quick years on the gridiron. And an NCAA Tournament appearance isn’t exactly the Herculean task a College Football Playoff berth, let alone a national title, is. 

Then again, DeVries didn’t have much time to craft his 2025-26 roster, and the end result wound up being less-than ideal from a talent perspective. All things considered, DeVries didn’t do a poor job given the roster he had. But it was also his roster. 

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Coaching is a balance of roster-building, X’s and O’s and culture. It’s up to DeVries to tailor a roster fit to his coaching strengths. Here in the 2026 offseason, he’s sent a message: recruiting will not be a problem. As a result, talent won’t be a weakness – it’ll be a strength. 

The question now: can DeVries take advantage of an uber-skilled crew? Can he mesh the pieces and, ideally, create a product better than the sum of its parts? If the 2025-26 season was any sign, the answer is yes – which means a Big Dance appearance should be the bare minimum next year. 

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How will the backcourt depth chart shake out?

Notre Dame guard Markus Burton celebrates during a NCAA men’s basketball game against Missouri at Purcell Pavilion on Tuesday, Dec. 2, 2025, in South Bend. | MICHAEL CLUBB/SOUTH BEND TRIBUNE / USA TODAY NETWORK via Imagn Images
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The Hoosiers are going to have a loaded guard rotation, and DeVries has a variety of options in terms of a starting backcourt.

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Markus Burton is a surefire starter at lead guard, but then DeVries can choose between Bryce Lindsay and Jaeden Mustaf at the two, or, potentially, he could run both together at shooting guard and small forward.

What about Duke transfer Darren Harris, though? He’s more of a wing, but it’s not exactly clear how he’ll fit in the fold. And incoming combo guard Prince-Alexander Moody can also compete for minutes. 

Fortunately, DeVries can’t exactly go wrong. A Burton-Lindsay starting backcourt would be undersized but loaded, chock-full of shooting and playmaking, while a Burton-Mustaf combo would be a slashing nightmare for opponents, strong defensively and tough on the boards. 

And if Moody shocks the college hoops world and manages to sneak in over both Lindsay and Mustaf, that means the Hoosiers have a bona fide star on their hands. 

With the addition of Lindsay, the Hoosiers have arguably the No. 1 transfer class in the nation and certainly one of the top three. Here are three takeaways from Indiana’s offseason thus far.

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The Hoosiers should be much better on the glass

Indiana could have been a lot better on the boards a year ago. The Hoosiers were No. 296 in offensive rebounding rate and No. 122 in defensive rebounding rate, per Bart Torvik. As a squad, Indiana was often undersized – and sometimes by a huge margin. Naturally, the glass suffered, affecting both sides of the floor. 

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Mar 20, 2026; Tampa, FL, USA; Alabama Crimson Tide forward Aiden Sherrell (22) shoots against Hofstra Pride forward Victory Onuetu (6) in the second half during a first round game of the men’s 2026 NCAA Tournament at Benchmark International Arena. Mandatory Credit: Matt Pendleton-Imagn Images | Matt Pendleton-Imagn Images

In 2026-27, the Hoosiers should flip the script in that department. With incoming big men Aiden Sherrell (Alabama) and Samet Yigitoglu (SMU) combining for 14.1 total rebounds per outing despite neither playing more than 30 minutes per game in this past campaign, Indiana should have a dominant glass-cleaning unit in the frontcourt in 2026-27.

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