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A legal battle between Governor Holcomb and General Assembly members will go before the Indiana Supreme Court.

Holcomb filed a lawsuit in 2021 to protect the power of governors to issue emergency orders. Hoosier Republican lawmakers have been openly opposed to several of the Governor’s executive orders during the pandemic including mask mandates and businesses closing.

House Enrolled Act 1123 would allow the GA to call itself into a 40-day emergency session which would limit the governor’s authority to impose long-lasting emergency restrictions. Holcomb believes that the governor should be the only one with that power.

Tony Katz says he has no problem with the General Assembly gaining the ability to call itself into session, but it should be under strict terms.

“We should have it built into the system that there is a way to call itself (General Assembly) back into session. It should be focused, a difficult hurdle to overcome, but they should absolutely positively do it.”

Holcomb has stated that he is not fighting for his own power, but rather weather it’s constitutional.

 “This case is about whether HEA-1123 is unconstitutional, not whether the political motivations for its passage are meritorious.”

Katz says while that is a valid question, it doesn’t mean things shouldn’t change.

“It’s not that Holcomb’s position was so widely out of synch. Because if the constitution doesn’t allow it, you would now have to go about changing the Indiana State Constitution to allow such a thing…which I have zero problem with.”

The governor vetoed the bill last year and lawmakers overrode. The Indiana Supreme Court has taken jurisdiction over the case.