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

FILE PHOTO: Peter Balonon-Rosen
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IPB News
The Indiana Supreme Court will hear a case between Gov. Eric Holcomb and the General Assembly over emergency powers.

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.

Copyright 2022 IPB News. To see more, visit .

Brandon Smith is excited to be working for public radio in Indiana. He has previously worked in public radio as a reporter and anchor in mid-Missouri for KBIA Radio out of Columbia. Prior to that, he worked for WSPY Radio in Plano, Illinois as a show host, reporter, producer and anchor. His first job in radio was in another state capitol, in Jefferson City, Missouri, as a reporter for three radio stations around Missouri. Brandon graduated from the University of Missouri-Columbia with a Bachelor of Journalism in 2010, with minors in political science and history. He was born and raised in Chicago.