INDIANAPOLIS – The Indiana Supreme Court sided with Governor Eric Holcomb in an emergency powers dispute over a law allowing the General Assembly to call its own special session.

In a ruling handed down Friday, the state’s highest court said House Enrolled Act 1123 was unconstitutional.

According to the ruling, “Under our Constitution, the General Assembly simply cannot do what the challenged law permits absent a constitutional amendment.”

Lawmakers approved the bill in 2021. Holcomb vetoed it, questioning its constitutionality. The Governor then took the issue to the court, maintaining Indiana’s Constitution allows only the governor to call a special session.

The measure stemmed from criticism of Holcomb’s handling of the COVID-19 pandemic, including his decision to institute a statewide mask mandate and other restrictions.

Attorney General Todd Rokita sided with legislators on the issue and was publicly very vocal about being against the Republican governor on this issue.

The Indiana Supreme Court’s decision was unanimous.