Posted on 10/08/2021 5:21:06 AM PDT by John W
INDIANAPOLIS – A Marion County judge Thursday dealt Gov. Eric Holcomb's lawsuit against the Indiana General Assembly a severe – if not fatal – blow, finding the legislature's new emergency powers law is constitutional.
“HEA 1123 is fully authorized by the Indiana Constitution and does not run afoul of either the Special Sessions Clause of Article 4 section 9 or the separation of powers clause of Article 3 section 1,” Judge Patrick Dietrick found in a 28-page ruling.
Holcomb can – and likely will – appeal the ruling.
Legislators in March passed House Enrolled Act 1123 in response to the governor's continued executive orders during the pandemic. The law allows the legislature to call itself back into session and possibly block a governor's moves during a declared public emergency.
Holcomb vetoed the law, and the legislature overrode the veto. He then sued – arguing it is unconstitutional because the Indiana Constitution gives him the power to call a special session, not the legislature.
During the legislative session several legal heavy hitters – including a former Indiana Supreme Court justice – testified that the law is unconstitutional. Holcomb hired Indianapolis law firm Lewis Wagner to represent him. Attorney General Todd Rokita defended the legislature.
“This is a huge win for the people of Indiana and permits their voices to be heard through their legislators when the Governor invokes his own emergency powers,” Rokita said in a statement.
The governor's press secretary, Erin Murphy, said Thursday night that “we have just received the judge's order and we're reviewing it.”
Legislative leaders also did not immediately comment.
Holcomb argued that Article 4, Section 9 of the Indiana Constitution gives the governor the sole power to call a special session.
But Dietrick ruled the special session clause is a “grant of limited legislative authority to the governor, not a limitation on the General Assembly's express and inherent legislative authority over the scheduling of its sessions.”
The judge found that constitutional text, historical evidence, judicial decisions and longstanding practice all contradict the governor's theory that the special sessions clause gives him exclusive authority to call any session that isn't the annual “regular” session.
Dietrick also said a line added by voters in 1970 to the Indiana Constitution clears the way for the new law. It says “the length and frequency of the sessions of the General Assembly shall be fixed by law” and HEA 1123 is a “straightforward exercise of the General Assembly's authority.”
Holcomb also claimed one branch of government can't exercise any of the functions of another unless expressly provided by the constitution.
Dietrick said the Indiana Supreme Court has long recognized that the power to schedule legislative sessions is inherently legislative. In fact, the clause that allows a governor to call a special session is expressly provided by the constitution.
If not, “the Governor would have no authority whatever over legislative sessions. To turn that narrow exception into a substantive limitation on the General Assembly's authority to schedule legislative sessions would run counter” to protecting the division between government branches, Dietrick said.
Indiana, please remove this dicktater wannabe from office!
Good
I thought he’d gotten his way already
Guess I was wrong
What a concept.
I would have loved to vote against him but some crazy Democrat was waiting to take his place. I personally can’t stand Holcomb.
Yes, Holcomb is no Mitch Daniels...
Sanity!!!
Covid has taught us:
1. There are 1,000,000 wannabe dictators in America, from governors to neighbors calling the cops on maskless kids;
2. There really ARE two Americas—Scardy Cats and Freedom Lovers.
Mitch Daniels is no Mitch Daniels. He’s been transformed into a stasi dictator as president at Purdue.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.