Indiana Supreme Court to hear arguments in lawsuit between governor, legislature

The Indiana Supreme Court will finally hear a case between Gov. Eric Holcomb and the General Assembly over emergency powers.

Thursday’s hearing comes nearly a year after the lawsuit was first filed.

Many lawmakers felt sidelined during the COVID-19 pandemic as the governor issued dozens of executive orders, some of which legislators openly opposed.

To give themselves more opportunity to intervene in the future, lawmakers passed a bill – HEA 1123 – that allows them to call a special session of the General Assembly during a public emergency.

But Holcomb – supported by some constitutional experts – believes the Indiana Constitution exclusively gives that power to the governor.

A trial court judge ruled in lawmakers’ favor, saying legislators generally get to decide when and for how long they meet. Holcomb appealed that ruling directly to the state Supreme Court, which will now decide on the measure’s constitutionality.

Contact reporter Brandon at bsmith@ipbs.org or follow him on Twitter at @brandonjsmith5.