INDIANAPOLIS, IN — The Indiana Supreme Court late last week ruled in favor of Governor Eric Holcomb in his lawsuit against the state legislature over House Bill 1123.
The court ruled the measure approved by state lawmakers that sought to limit Holcomb’s powers during a governor-declared state of emergency is unconstitutional.
The measure gave legislators the power to convene an emergency session during public health emergencies.
Previously, only the Governor could call a special session.
The bill was passed last year at the Statehouse because some of the Governor’s fellow Republicans were upset about the length of the statewide mask mandate and restrictions on businesses during the COVID-19 pandemic.
After the ruling was issued, Gov. Holcomb released the following statement:
“From the beginning, this case presented important procedural, statutory, and Constitutional questions that only the courts could answer. Today, the Indiana Supreme Court has provided clarity and finality on these important issues. I appreciate the patience and humility Speaker (Todd) Huston and Senator (Roderic) Bray have shown throughout the entire process, of which I always sought to match. With this critical matter resolved, we’ll continue focusing on building a prosperous state full of opportunity for all.”
Meantime, Indiana Attorney General Todd Rokita, who represented the legislature in Holcomb V. Bray, issued a statement expressing disappointment in the outcome:
“The Indiana Supreme Court provided answers to several areas of the law that the governor questioned. But in doing so, the court became a legislature today by overriding the intent of those who are directly elected by the people. The good news is the General Assembly can correct this. Fortunately, the court rejected the governor’s claim that the legislature could meet only once a year unless the governor — and only the governor — calls them into session. We will continue to fight for Hoosiers and to protect their liberties.”
