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(INDIANAPOLIS) – Governor Holcomb has asked the Indiana Supreme Court to block the law allowing legislators to call themselves into session.

The appeal to the Supreme Court has been expected since a Marion County judge rejected Holcomb’s contention the law is unconstitutional.

Legislators passed the law over Governor Holcomb’s veto, and a Marion County judge rejected Holcomb’s argument that it’s unconstitutional. The law lets the 16-member Legislative Council vote to convene legislators to review a governor’s emergency declaration. Holcomb contends that’s a special session, and only the governor can call one.

Marion Superior Judge P.J. Dietrick disagreed, saying there’s nothing in state law that limits legislators to one session per year. He says the constitution’s special session language grants a governor the power to call legislators in, but doesn’t make that power exclusively his.

“This lawsuit is about making sure that state government operates the way our constitution outlines,” Holcomb said in a written statement after filing the appeal. “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.”