INDIANAPOLIS — Lawyers for Indiana Gov. Eric Holcomb are ridiculing the state attorney general's arguments that he can block the governor from asking the courts to stop a new law giving legislators more authority to intervene during public emergencies.
Holcomb's lawyers maintain in a new court filing that Attorney General Todd Rokita is making "absurd" arguments that he alone has the legal authority to represent the state in court and can decide whether the new law is constitutional.
Holcomb has sued the Legislature, arguing the new law is unconstitutional because it gives lawmakers a new power to call themselves into a special legislative session during emergencies declared by the governor.
The lawsuit argues that the Legislature is "usurping a power given exclusively to the governor" under the state constitution to call lawmakers into a special session.
Republican legislators pushed the bill after months of criticism from some conservatives over COVID-19 restrictions that Holcomb imposed by executive order.
However, Republican legislative leaders praised the governor's actions during the pandemic but say the bill is meant to allow the input of lawmakers during extended emergency situations. For things like the stay-at-home orders, the mask mandates and the business restrictions, some Republicans lawmakers say they should have more of a say on such things in a public emergency.
Holcomb vetoed the bill on April 9 and issued a letter explaining his reasons why. The Legislature voted to override that veto days later.
Rokita's office then stepped in saying the governor could not get his own counsel to sue Indiana's Legislature.
A statement from Rokita's office at the time reads in part:
Under Indiana law, only the attorney general may determine and advocate the legal position of all of state government. And that exclusive authority exists for good reason—so that Indiana speaks in court with a single legal voice.
Holcomb's lawyers said in Monday's Marion County court filing that the governor's office was created by the state constitution to head the executive branch, while the attorney general was created by state law and can't supersede the authority of the governor or the courts.
Rokita's office didn't immediately reply to a request for comment Tuesday.
