Indiana's governor asks court to review emergency law ruling

Indiana’s governor is asking the state's high court to review a judge's ruling that upheld a new law giving legislators more power to intervene during public health emergencies.

Posted: Oct 23, 2021 10:09 PM

INDIANAPOLIS (AP) — Indiana’s governor is asking the state's high court to review a judge's ruling that upheld a new law giving legislators more power to intervene during public health emergencies.

Republican Gov. Eric Holcomb said Friday in a statement that he has appealed the Marion County judge's ruling to Indiana Supreme Court to seek “clarity and finality on this important issue."

The Republican-dominated Legislature enacted the law over Holcomb's veto following criticism from conservatives over a statewide mask mandate and other COVID-19 restrictions that Holcomb had imposed by executive orders.

The measure establishes a new process under which legislative leaders can call the General Assembly into what it calls an “emergency session.” Holcomb's lawsuit argued that the law violates a state constitutional provision allowing only the governor to call the Legislature into a special session.

In an Oct. 7 ruling, Marion Superior Judge Patrick Dietrick said the state constitution gives the General Assembly the authority to determine when and for how long it will meet.

In a prepared statement Friday, Holcomb said his lawsuit "is about making sure that state government operates the way our constitution outlines."

“The proper functioning of state government is critical, especially during times of emergency. Our State, and its people, deserve clarity and finality on this important issue, which is why I am filing an appeal today," Holcomb added.

Republican state Attorney General Todd Rokita has sided with legislators in defending the new law. Rokita's office released statement critiquing the governor's appeal, The Indianapolis Star reported.

“He got his answer. Turns out he didn’t like the answer,” the statement said. “So, now the taxpayers have to continue to be on the hook for his lawsuit."

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Indiana Coronavirus Cases

Data is updated nightly.

Cases: 1118335

Reported Deaths: 17712
CountyCasesDeaths
Marion1455892240
Lake724831254
Allen67063882
Hamilton51060487
St. Joseph49820649
Elkhart40268546
Vanderburgh34714497
Tippecanoe30808276
Johnson27696467
Hendricks26313385
Porter25657386
Madison21131455
Clark20238279
Vigo19059309
LaPorte17192261
Howard16770314
Delaware16761303
Monroe16628220
Kosciusko14293167
Hancock13113186
Bartholomew12983190
Warrick12210190
Wayne12090269
Floyd12011226
Grant11998245
Morgan10409192
Boone9869124
Noble9316122
Henry9177169
Marshall9152147
Dearborn8970100
Dubois8835140
Shelby8281130
Cass8167128
Lawrence8057185
DeKalb7817109
Jackson770793
Huntington7661115
Gibson7102118
Montgomery7101123
Harrison6954100
Knox6915116
Steuben669089
Whitley659660
Miami6595113
Putnam645085
Clinton627179
Wabash6221111
Jasper613192
Jefferson5856105
Ripley557294
Adams542281
Daviess5076117
Scott491580
Wells4836105
White478469
Greene4701101
Clay464662
Decatur4611110
Fayette452496
Jennings452067
LaGrange427491
Posey410044
Randolph3944107
Washington390956
Fountain375964
Fulton364874
Spencer362247
Starke355574
Owen353577
Sullivan348555
Orange331372
Jay331050
Rush309533
Carroll296239
Franklin292744
Perry290553
Vermillion283658
Tipton251167
Parke250130
Pike248644
Blackford222144
Pulaski210359
Newton182452
Brown177550
Crawford169129
Benton168417
Martin152120
Switzerland147612
Warren135816
Union122616
Ohio92413
Unassigned0595

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