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Indiana News

Holcomb appeals in emergency powers lawsuit against fellow Republicans

Brandon Smith/IPB News

Gov. Eric Holcomb is appealing a judge’s ruling in his emergency powers lawsuit against the General Assembly.

Legislators passed a law this year, HEA 1123, that gives them the power to call themselves into special session during a public emergency – like the pandemic. Holcomb believes the Indiana Constitution gives that power solely to the governor.

But a Marion County judge sided with lawmakers earlier this month. He said legislators generally get to determine when and for how long they meet – making the new emergency powers law constitutional.

In a statement, Holcomb said he’s appealing the decision because the case is about how the state operates – in a constitutionally-appropriate way – during an emergency. And he said Hoosiers “deserve clarity and finality on this important issue.”

He is appealing the case directly to the Indiana Supreme Court.

This story has been updated.

Contact reporter Brandon at or follow him on Twitter at @brandonjsmith5.