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Indiana court strikes down emergency law fought by governor
AP via The Intelligencer ^ | June 3, 2022 | TOM DAVIES and RICK CALLAHAN, Associated Press

Posted on 06/03/2022 12:19:55 PM PDT by John W

INDIANAPOLIS (AP) — The Indiana Supreme Court on Friday threw out a law that gave state legislators increased power to intervene during public health emergencies, agreeing with arguments from Republican Gov. Eric Holcomb that the move violated the state constitution.

The court’s unanimous decision settles a legal fight that began more than a year ago when Holcomb sued over a law that was a response to his efforts to deal with the COVID-19 pandemic.

The new law gave legislative leaders authority to call the General Assembly into an “emergency session” if the governor declares a statewide emergency. The GOP-dominated Legislature approved it over Holcomb's veto.

Holcomb’s lawyers contended that the state constitution allows only the governor to call the Legislature into meetings for consideration of new laws outside of its annual sessions that begin in early January and adjourn by the end of April.

Chief Justice Loretta Rush agreed, writing for the court that Holcomb's attorneys had “satisfied the high burden required to establish that the law is unconstitutional."

“Under our Constitution, the General Assembly simply cannot do what the challenged law permits absent a constitutional amendment," Rush added.

(Excerpt) Read more at theintelligencer.com ...


TOPICS: News/Current Events; US: Indiana
KEYWORDS:

1 posted on 06/03/2022 12:19:55 PM PDT by John W
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To: John W

A victory for the drunk-with-power authoritarians.


2 posted on 06/03/2022 12:22:36 PM PDT by BenLurkin (The above is not a statement of fact. It is either opinion, or satire. Or both.)
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To: John W

So they should pass a law that any emergency rules passed by the Governor are subject to legislative review within 30 days correct and then override that veto. Then legally he would have to call a special session.


3 posted on 06/03/2022 12:25:29 PM PDT by mikesmad
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To: John W
Sounds like this Holcomb is another RINO to avoid if he runs for higher (federal) office.
4 posted on 06/03/2022 12:30:18 PM PDT by Major Matt Mason (To solve the Democrat problem, the RINO problem must first be solved.)
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To: Major Matt Mason

He’s terrible.


5 posted on 06/03/2022 12:31:35 PM PDT by rdl6989 ( )
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To: Major Matt Mason

He absolutely is.


6 posted on 06/03/2022 12:46:42 PM PDT by John W (W)
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To: Major Matt Mason

Worthless RINO Holcomb is running for the US Senate in 2024 - I will personally campaign against him!


7 posted on 06/03/2022 12:56:11 PM PDT by EC Washington
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To: John W

I grudgingly admit this is the correct ruling - but I’ll point out that the Attorney General refused to bring the case to the SC and, somehow, Holcomb the RINO managed to find standing to bring the case himself on behalf of the executive office.


8 posted on 06/03/2022 1:05:41 PM PDT by Skywise
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To: John W

They need to get a constitutional amendment on the fall ballot, pronto.

This is what grassroots conservatives should be working on in every state. Putting real limits and breaks on all these “emergency powers”.


9 posted on 06/03/2022 1:31:10 PM PDT by Valpal1 (Not even the police are safe from the police!!!)
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To: John W

Ok, amend the Constitution of Indiana. The GOP has the votes to send it to the voters. Do it.

In the meantime, pass a more narrowly tailored law.


10 posted on 06/03/2022 1:31:32 PM PDT by FlipWilson
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