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 ...
A victory for the drunk-with-power authoritarians.
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.
He’s terrible.
He absolutely is.
Worthless RINO Holcomb is running for the US Senate in 2024 - I will personally campaign against him!
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.
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”.
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.
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