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Holcomb Files Lawsuit Challenging HEA 1123
By: Mike Stiles - Wednesday, April 28, 2021

INDIANAPOLIS – Indiana Governor Eric Holcomb is asking a trial court judge to find key provisions of a State Bill unconstitutional.

Holcomb filed suit in Marion County Circuit Court against Rodrick Bray, President Pro Tempore of the Indiana State Senate and Todd Huston, the Speaker of the Indiana House of Representatives. Holcomb is questioning the constitutionality of HEA 1123. The House and Senate successfully voted to override Holcomb's veto of the bill.

The Indiana House and Senate originally approved the bill, that would give State lawmakers more authority to intervene during emergencies that are declared by the sitting Governor. Holcomb's fellow Republicans pushed the bill after months of criticism from some conservatives over COVD-19 restrictions that he imposed by Executive Order during the statewide public health emergency.

One part of HEA 1123 would give the Legislature to ability call the Indiana General Assembly into an emergency session, something that only the Governor has been able to do. Holcomb says he took an oath to uphold the Constitution of the State of Indiana and has an obligation to do so. He says the lawsuit is about the future of the Executive Branch and all the Governors who will serve long after he leaves office.

When the legislature overturned Holcomb's veto, there seemed to be some division in the ranks. Republican State Senator Sue Glick of LaGrange says Holcomb acted alone in imposing restrictions on Indiana's 6.7 million residents. She says that shouldn't happen during such long lasting emergencies.

Democratic Senator Tim Lanane of Anderson called his fellow lawmakers' action nothing more than Monday morning quarterbacking. He says the bills' supporters haven't produced any legal opinions that support its constitutionality.



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