General Assembly Scores Win Over Governor In Public Emergency Lawsuit

Friday, October 8, 2021 at 10:05 AM

The ruling upholds HEA 1123, allowing the GA to convene if the governor declares a statewide emergency.

INDIANAPOLIS – The state legislature scored a big win on Thursday.

Marion Superior Court ruled late Thursday that the Indiana General Assembly may convene for a special legislative session if the Governor declares a statewide emergency.

The decision upholds HEA 1123, which was enacted during this legislative session and challenged in court by Governor Eric Holcomb.

In the lawsuit, the Governor challenged the constitutionality of the bill, stating it “usurps power exclusively given to the governor” by allowing the General Assembly the possibility of blocking executive orders from the governor during a declared public emergency.

In upholding HEA 1123, the court said that “[t]he Special Session Clause does not limit the General Assembly’s authority to schedule its sessions.” Indeed, the Court said, the Special Sessions Clause “was never understood to give the Governor any power to tell the legislature when it can or cannot meet.” Rather, it grants to the Governor an extraordinary right to exercise a legislative power to call a special session that is otherwise reserved to the legislature.

“This is a huge win for the people of Indiana and permits their voices to be heard through their legislators when the Governor invokes his own emergency powers,” Attorney General Rokita stated.

Governor Holcomb is expected to appeal Thursday’s ruling.

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