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Supreme Court sides with Gov. Holcomb over emergency powers law

The law, HEA-1123, gave legislators the power to call an emergency session during public health emergencies.

INDIANAPOLIS — The Indiana Supreme Court is siding with Gov. Eric Holcomb on his lawsuit against the Indiana Legislature over the emergency powers law.

The law, HEA-1123, gave legislators the power to call an emergency session during public health emergencies. Previously, only the governor could convene a special session. 

Holcomb's lawsuit argued that the Legislature is "usurping a power given exclusively to the governor" under the state constitution.

RELATED: Indiana Supreme Court takes up Holcomb's lawsuit over emergency powers law

The court ruled in favor of Holcomb, stating the power to call an emergency session is held by the governor in the Indiana constitution and the Legislature cannot override that power without an Amendment.

However, the court did say it was within the Legislature's power to pass a law during the legislative session that adds additional sessions with set frequencies and length.

RELATED: Indiana AG trying to take fight with Gov. Holcomb to state supreme court

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