Indiana Supreme Court Rules in Favor of Governor in Separation of Powers Case - State and Federal Communications

June 6, 2022  •  

Indiana Supreme Court Rules in Favor of Governor in Separation of Powers Case

Indiana State Capitol - By Daniel Schwen / CC BY-SA

In a unanimous ruling, the Indiana Supreme Court ruled the bill giving the General Assembly the ability to call itself into special sessions was unconstitutional.

House Enrolled Act 1123 was passed with a veto override in 2021, and Gov. Eric Holcomb filed a lawsuit claiming the new law was unconstitutional because it impermissibly infringed upon his constitutional authority.

The ruling states that under the constitution, only the governor has the power to call a special session and only a constitutional amendment can give that power to lawmakers.

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