INDIANAPOLIS (AP) — Indiana’s governor can go ahead with a lawsuit challenging the increased power state legislators gave themselves to intervene during public health emergencies, the state Supreme Court ruled Friday.
The justices issued a one-page order saying they had voted 4-1 to reject arguments for blocking Republican Gov. Eric Holcomb’s pursuit of the lawsuit with private lawyers representing him.
It was the second time this month the court denied motions from Republican Attorney General Todd Rokita’s office that the lawsuit shouldn’t be allowed to proceed at this time because of the state constitution’s ban on individual legislators being subject to civil court action during General Assembly sessions.
Holcomb’s lawsuit argues a law passed in April over his veto by the Republican-dominated Legislature is unconstitutional because it gives lawmakers a new power to call themselves into a special legislative “emergency session” during statewide emergencies declared by the governor.
The Supreme Court’s ruling comes as a Marion County judge has scheduled a Sept. 10 hearing on the merits of the lawsuit.