All five justices ruled in Holcomb's favor after he filed a lawsuit over House Bill 1123, which sought to limit his powers during a governor-declared state of emergency.
INDIANAPOLIS — The Indiana Supreme Court has ruled a measure by state lawmakers that sought to limit the powers of Gov. Eric Holcomb during a governor-declared state of emergency is unconstitutional.
Holcomb said the state's constitution gives him those powers and vetoed the bill in April this year. In response, the Republican supermajority voted to override the veto before their session ended. The measure would have given legislators more authority to intervene during a state of emergency. The opinion also states that allowing the Legislative Council to set an emergency session by simple resolution would violate the state's fixed-by-law requirement and infringe on constitutional authority only the Governor has by allowing the council to set an emergency session while the General Assembly is not in session.
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