Is Indiana emergency powers legislation constitutional? Courts will soon weigh in

Regional News

Gov. Holcomb

INDIANAPOLIS – Indiana Gov. Eric Holcomb said state legislation shifting some executive powers to Congress in a public health emergency is unconstitutional. The governor on Tuesday filed a lawsuit asking for the courts to issue a permanent injunction on key provisions of measure.

“I took an oath to uphold the Constitution of the State of Indiana and I have an obligation do so,” Holcomb said. “This filing is about the future of the executive branch and all the Governors who will serve long after I’m gone.”

House Enrolled Act 1123 establishes a new process under which legislative leaders can call the General Assembly into an emergency session. Holcomb and some legal experts have questioned the legality of that process because the state’s constitution gives the governor — not the Legislature — the authority to call a special session.

Holcomb vetoed the measure on April 9; however, he House and Senate overrode the veto on April 15.

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