BLOOMINGTON — A Monroe County judge ruled that Indiana House Enrolled Act 1001 is constitutional. The act, which grants the Governor of Indiana full appointment power over the Indiana University Board of Trustees, took effect in May 2024.

Special Judge Erik Allen granted the state summary judgment in a lawsuit filed by the American Civil Liberties Union of Indiana on behalf of alumnus Justin Vasel in May 2024. Allen determined that Vasel, who was among six eligible nominees for an upcoming vacancy on the Indiana University Board of Trustees, suffered a direct injury and had legal standing to sue.

House Enrolled Act 1001 allows the governor to select all nine members of the Indiana University Board of Trustees. Five of these nine members selected by the governor must be Indiana University alumni. Under the new law, potential picks for the board are not reviewed by the alumni association.

This law modified a system that had been in place since 1891, which required three members of the Indiana University Board of Trustees to be alumni directly elected by other alumni. Indiana University was created in 1820, and the Indiana University Board of Trustees has been modified in law 11 times since its founding year.

The Indiana Constitution requires that all laws be general and apply uniformly throughout the state, banning special legislation. Special Judge Allen addressed this in his decision, writing that this requirement is a "low bar." He added, "If there is a 'link between the class's unique characteristics and the legislative fix,' the law must stand." Allen noted that even if House Enrolled Act 1001 is considered special, "it is justified by a unique characteristic of IU's board." He also stated that "Vasel's other arguments concerning the need for accountability among public universities in general and at Indiana University in particular invite this Court to second-guess the General Assembly's policy determinations," adding, "This Court may not do so." The Indiana University Board of Trustees is responsible for the university's budget, tuition rates, and academic programs.