Judge rules lawsuit over emergency powers bill can proceed

A victory for Indiana Gov.Eric Holcomb.AG Rokita to file an appeal.

(File Photo)

INDIANAPOLIS (WISH) – A Marion County judge has ruled in favor of Governor Holcomb in a legal challenge by the attorney general.

The judge has refused to throw out the governor’s lawsuit over a new legislative emergency powers bill.

The judge rejected Attorney General Todd Rokita’s claim that only he could file a lawsuit on behalf of the state. Rokita announced that he has filed a motion to appeal the ruling.

“The Attorney General’s Office has fought for the liberties of the people of Indiana for decades, using the very same precedents this court has now upended. The constitution belongs not to the Governor, the legislature, or the Attorney General, but to the people of Indiana. If left unchallenged, the court’s order in this case threatens to tip the balance of powers and undermine the individual liberties of the citizens of this state. As such, we have filed an appeal in the interest of protecting Hoosiers.”

Attorney General Todd Rokita

The ruling was signed on Saturday and was made public Tuesday morning. It says Holcomb does have the constitutional right to defend executive powers in court.

Holcomb is asking the judge to overturn a new state law that would allow lawmakers to call their own special session.

Holcomb vetoed the bill this spring while lawmakers overrode that veto.