Indiana Supreme Court hears arguments in dispute over emergency sessions
INDIANAPOLIS (WISH) — It’s now up to the state’s five top justices to decide who can call the General Assembly into session in an emergency.
Lawyers for Gov. Eric Holcomb and legislative leaders made their case before the state Supreme Court Thursday morning. The dispute surrounds a law enacted last year over the governor’s veto that gives the legislative council, which is composed of leaders from each chamber plus a handful of rank-and-file lawmakers, the authority to call the General Assembly into an emergency session. The law specified legislators could only do this if the governor had declared a state of emergency with statewide impact.
Arguing on Holcomb’s behalf, attorney Richard Blaiklock said the state constitution makes no mention of emergency sessions other than those called by the governor. He said when the constitution was revised in 1970 to authorize annual legislative sessions, the framers of those changes had the option to include language authorizing the legislature to call themselves into session, as other states did and still do. Since they didn’t, Blaiklock said that was never their intent. He said the constitution does not recognize any other sessions besides the regular legislative session and the technical session during which lawmakers make corrections and consider whether to override vetoes.
Solicitor General Thomas Fisher, arguing for the General Assembly, said the state constitution clearly gives lawmakers the authority to decide when they meet and for how long. He said by the logic of the governor’s argument, lawmakers could only meet once a year unless he said otherwise. Fisher said that would rule out not only technical sessions but also Organization Day, the day each December when lawmakers convene to file legislation. Fisher further argued Holcomb doesn’t have standing to bring a lawsuit in his official capacity.
A lower court has previously upheld the measure lawmakers enacted. Chief Justice Loretta Rush said the court will issue a decision “in due course.”