Indiana Supreme Court rules emergency powers law unconstitutional
INDIANAPOLIS (WISH) — The Indiana Supreme Court has ruled a new law allowing the General Assembly to call its own special session during an emergency is unconstitutional.
The unanimous opinion handed down Friday sides with Gov. Eric Holcomb in his court battle with legislative leaders.
The bill, which lawmakers approved in 2021 despite the governor’s veto, would allow lawmakers to call themselves into special session if the governor declared a public emergency.
Holcomb argued that the Indiana Constitution only gives the governor power to call a special session.
“The question before us is not whether it is sensible for the General Assembly to be able to set an emergency session,” Chief Justice Loretta Rush wrote. “We decide only whether the Legislature’s chosen mechanism is permissible under the relevant constitutional text, which requires the length and frequency of legislative sessions to be ‘fixed by law.’”
“Under our Constitution, the General Assembly simply cannot do what the challenged law permits absent a constitutional amendment,” the five justices ruled.
The justices also ruled that the General Assembly can schedule additional sessions during the year, but only by passing a new law with the length and frequency of those sessions.
Indiana Attorney General Todd Rokita had sided with lawmakers, arguing the law did not violate the Indiana Constitution. The Supreme Court also rejected Rokita’s claim that the governor could only sue by using the attorney general’s office, saying the office can not prevent a governor from hiring outside counsel to file a lawsuit.
Statement
“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.”
Indiana Attorney General Todd Rokita
“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 Huston 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.”
Indiana Gov. Eric Holcomb | Statement was updated with a correction from the governor’s office
“The Indiana Supreme Court has confirmed what more and more Hoosiers see everyday: the Indiana Republican Party’s extremism and unnecessary purity tests are nothing but a waste of taxpayer money. Every year, the Indiana GOP pursues unpopular policies at the statehouse. Every time, Hoosiers are forced to foot the bill. It’s time to elect more Democrats who actually want to solve kitchen-table issues and balance out our government, because Republicans have made it clear they have no vision to create a better future for Indiana.”
Drew Anderson, spokesman of the Indiana Democratic Party