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ELLIOTT v. BD. OF SCHOOL TRUSTEES OF MADISON

No. 16-4168.

876 F.3d 926 (2017)

Joseph R. ELLIOTT, Plaintiff-Appellee, v. BOARD OF SCHOOL TRUSTEES OF MADISON CONSOLIDATED SCHOOLS, Defendant-Appellant, and State of Indiana, Intervenor-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 4, 2017.

Attorney(s) appearing for the Case

Eric M. Hylton , Attorney, Riley Bennett & Egloff, LLP, Indianapolis, IN, Alice J. O'Brien , Kristen L. Hollar , Jason Walta , Attorneys, National Education Association, Office of General Counsel, Washington, DC, for Plaintiff-Appellee.

Michelle L. Cooper , Sara R. Blevins , Karen Glasser Sharp , Attorneys, Lewis & Kappes, Indianapolis, IN, for Defendant-Appellant.

Thomas M. Fisher , Attorney, Office of the Attorney General, Indianapolis, IN, for Intervenor-Appellant State of Indiana.

Julie C. Tolleson , Attorney, Office of the Attorney General, Colorado Department of Law, Denver, CO, for Amicus Curiae State of Colorado.

Luther Strange , Attorney, Office of the Attorney General, State of Alabama, Montgomery, AL, for Amicus Curiae State of Alabama.

Jeff Landry , Attorney, Louisiana Department of Justice, Baton Rouge, LA, for Amicus Curiae State of Louisiana.

Brad D. Schimel , Attorney, Wisconsin Department of Justice, Special Litigation and Appeals, Madison, WI, for Amicus Curiae State of Wisconsin.

Bill Schuette , Office of the Attorney General, State of Michigan, Lansing, MI, for Amicus Curiae State of Michigan.

Leon Dayan , Attorney, Bredhoff & Kaiser, PLLC, Washington, DC, for Amicus Curiae Jesse Rothstein.

Before Bauer, Easterbrook, and Hamilton, Circuit Judges.

The Contract Clause of the United States Constitution prohibits States from passing laws "impairing the Obligation of Contracts." Art. I, § 10, cl. 1. The prohibition is not absolute, but it imposes substantial limits on laws that would undermine existing contractual rights. In 2012, an Indiana law took effect amending...

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