Court Sides With Legislature On Convening Sessions - State and Federal Communications

October 11, 2021  •  

Court Sides With Legislature On Convening Sessions

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

The Marion Superior Court ruled that the Indiana General Assembly has the authority to convene emergency legislative sessions without the governor’s consent under House Enrolled Act 1123.

Gov. Eric Holcomb filed the lawsuit, claiming the new law was unconstitutional because it impermissibly infringes upon his constitutional authority.

Marion Superior Judge Patrick Dietrick ruled that the General Assembly now has complete authority to set the rules governing the timing of its sessions.

It may extend its session, as it did this year to complete the redistricting process, or enact measures such as HEA 1123, giving it the ability to commence a session limited to a specified agenda.

Gov. Holcomb is expected to appeal the decision.

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