INDIANAPOLIS (AP) — Indiana’s attorney general has asked the state Supreme Court to block Republican Gov. Eric Holcomb’s lawsuit challenging the increased power state legislators gave themselves to intervene during public health emergencies following conservative objections to his COVID-19 actions.
The court filings on Monday come three weeks after a Marion County judge ruled against arguments from Republican Attorney General Todd Rokita’s office that he alone has the legal authority to represent the state in court and can decide whether the new law is allowed under the state constitution.
The attorney general’s office petition to the Supreme Court renews arguments that the governor’s lawsuit shouldn’t be allowed under state law to proceed at this time because the Legislature technically is still in session despite concluding its regular business for the year in April. The Marion County judge rejected delaying the case for that reason, which could result in no court action on the dispute until next spring.
Holcomb’s lawsuit argues that the law passed this year by the Republican-dominated Legislature is unconstitutional because it gives lawmakers a new power to call themselves into a special legislative “emergency session” during statewide emergencies declared by the governor.