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Indiana Supreme Court sides with governor in separation of powers case

By The Center Square Staff

 

Justice conclude only the state’s governor may call the legislature into emergency session.

The Indiana Supreme Court unanimously ruled Friday only the state’s governor may call the legislature into emergency session.

The case had been brought by Gov. Eric Holcomb in response to a law passed by the General Assembly that allows legislative leaders to call an emergency session. Holcomb challenged the law on constitutional grounds.

The law, known as House Enrolled Act 1123, authorized eight members of the Assembly, known as the Legislative Council, to call for an emergency legislative session when three criteria are met.

Those criteria are the governor has declared a state of emergency the Legislative Council believes impacts the entire state, legislative action is needed to deal with the emergency, and a special session of the General Assembly is needed.

 

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