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

The issue is with Holcomb suing the state legislature over a new law that gives the General Assembly authority to call a special session for itself.

INDIANAPOLIS — The Office of the Indiana Attorney General filed paperwork Tuesday to take a battle with Gov. Eric Holcomb to the Indiana Supreme Court. 

The issue is with Holcomb suing the state legislature over a new law that gives the General Assembly authority to call for a special session to deal with a state of emergency. Currently, only the governor can convene a special session. The bill passed both chambers of the legislature, but Holcomb vetoed it. Then, state lawmakers overrode the governor's veto. Thus, the bill became a law. 

In response, Holcomb sued the state legislature. 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.

Attorney General Todd Rokita, also a Republican, had argued he has the authority to stop Holcomb from taking the dispute to court.

A Marion County judge’s ruling earlier in July rejected the AG's argument. The judge wrote that such an interpretation would give the attorney general greater power than Holcomb in protecting the governor’s constitutional powers. The judge said that would be “an absurd result.”

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