|Attorney General Greg Zoeller|
Nonetheless, Zoeller's opinion is noteworthy because it completely ducks the issue at hand - whether Lugar is an "inhabitant" of the State of Indiana as required by Article I of the U.S. Constitution in order to be elected in the Senate. Nowhere in the Zoeller opinion is the U.S. Constitution or the word "inhabitant" (or any variation thereof) even mentioned. The challenges to be heard Friday are based on that provision of the U.S. Constitution.
There is a reason why Zoeller avoided any discussion of the inhabitancy requirement in the U.S. Constitution. The Supreme Court (most recently) held in the 1995 case U.S. Term Limits v. Thornton that state law, which is the only authority Zoeller cites, cannot alter, change or amend the the qualifications provision of Article 1, which includes the requirement that a Senator be an "inhabitant" of the State he seeks to represent at the time of the election. Zoeller's opinion is completely irrelevant to the issue.