Indiana Supreme Court rules emergency powers law unconstitutional

INDIANAPOLIS (WISH) — The Indiana Supreme Courtroom has dominated a brand new legislation permitting the Basic Meeting to name its personal particular session throughout an emergency is unconstitutional.

The unanimous opinion handed down Friday sides with Gov. Eric Holcomb in his court docket battle with legislative leaders.

The invoice, which lawmakers accredited in 2021 regardless of the governor’s veto, would permit lawmakers to name themselves into particular session if the governor declared a public emergency.

Holcomb argued that the Indiana Structure solely provides the governor energy to name a particular session.

“The query earlier than us is just not whether or not it’s smart for the Basic Meeting to have the ability to set an emergency session,” Chief Justice Loretta Rush wrote. “We resolve solely whether or not the Legislature’s chosen mechanism is permissible below the related constitutional textual content, which requires the size and frequency of legislative classes to be ‘fastened by legislation.’” 

“Beneath our Structure, the Basic Meeting merely can not do what the challenged legislation permits absent a constitutional modification,” the 5 justices dominated.

The justices additionally dominated that the Basic Meeting can schedule extra classes throughout the yr, however solely by passing a brand new legislation with the size and frequency of these classes.

Indiana Lawyer Basic Todd Rokita had sided with lawmakers, arguing the legislation didn’t violate the Indiana Structure. The Supreme Courtroom additionally rejected Rokita’s declare that the governor might solely sue through the use of the legal professional normal’s workplace, saying the workplace can’t stop a governor from hiring outdoors counsel to file a lawsuit.

Assertion

“The Indiana Supreme Courtroom offered solutions to a number of areas of the legislation that the governor questioned. However in doing so, the court docket turned a legislature right this moment by overriding the intent of those that are straight elected by the folks. The excellent news is the Basic Meeting can right this. Happily, the court docket rejected the governor’s declare that the legislature might meet solely annually until the governor — and solely the governor — calls them into session. We are going to proceed to combat for Hoosiers and to guard their liberties.”

Indiana Lawyer Basic Todd Rokita

Advertisement

“From the start, this case offered essential procedural, statutory and Constitutional questions that solely the courts might reply. Right now, the Indiana Supreme Courtroom has offered readability and finality on these essential points. I respect the persistence and humility Speaker Huston and Senator Bray have proven all through the whole course of, of which I at all times sought to match. With this vital matter resolved, we’ll proceed specializing in constructing a affluent state stuffed with alternative for all.”

Indiana Gov. Eric Holcomb | Assertion was up to date with a correction from the governor’s workplace

“The Indiana Supreme Courtroom has confirmed what increasingly Hoosiers see on a regular basis: the Indiana Republican Celebration’s extremism and pointless purity assessments are nothing however a waste of taxpayer cash. Yearly, the Indiana GOP pursues unpopular insurance policies on the statehouse. Each time, Hoosiers are compelled to foot the invoice. It’s time to elect extra Democrats who really wish to resolve kitchen-table points and steadiness out our authorities, as a result of Republicans have made it clear they haven’t any imaginative and prescient to create a greater future for Indiana.”

 Drew Anderson, spokesman of the Indiana Democratic Celebration