LOUISVILLE, Ky. (WDRB) -- Indiana's Supreme Court sided with Gov. Eric Holcomb in a battle with state lawmakers, ruling that the emergency powers measure is unconstitutional.
The measure would have allowed legislative leaders to call an emergency session outside of the General Assembly's regular meetings. Holcomb vetoed the bill last year, but lawmakers over rode it.
"From the beginning, this case presented important procedural, statutory and Constitutional questions that only the courts could answer," Holcomb said in a news release Friday. "Today, the Indiana Supreme Court has provided clarity and finality on these important issues. I appreciate the patience and humility Speaker Houston and Senator 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."
Holcomb then filed a lawsuit, arguing the legislature is "usurping a power given exclusively to the governor" under the Indiana Constitution to call lawmakers into a special session.
"This controversy must be resolved as soon as possible or the consequences could be severe, including disruption to Indiana and the proper functioning of state government — something that concerns every Hoosier," the lawsuit said.
In an opinion released Friday, the court said allowing lawmakers to set an emergency session outside of the General Assembly violates state law and infringes upon the governor's constitutional powers. The court said in order for the legislature to set additional sessions, lawmakers must pass a bill and give it to the governor.
Republican legislators pushed the bill after criticism from many conservatives over the mask mandate and other COVID-19 restrictions that Holcomb imposed by executive order with the General Assembly not meeting for about nine months after its 2020 session ended.
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