General Assembly Scores Win Over Governor In Public Emergency Lawsuit

The ruling upholds HEA 1123, allowing the GA to convene if the governor declares a statewide emergency.

INDIANAPOLIS – The state legislature scored a big win on Thursday. 

Marion Superior Court ruled late Thursday that the Indiana General Assembly may convene for a special legislative session if the Governor declares a statewide emergency.

The decision upholds HEA 1123, which was enacted during this legislative session and challenged in court by Governor Eric Holcomb.

In the lawsuit, the Governor challenged the constitutionality of the bill, stating it “usurps power exclusively given to the governor” by allowing the General Assembly the possibility of blocking executive orders from the governor during a declared public emergency.

In upholding HEA 1123, the court said that “[t]he Special Session Clause does not limit the General Assembly’s authority to schedule its sessions.” Indeed, the Court said, the Special Sessions Clause “was never understood to give the Governor any power to tell the legislature when it can or cannot meet.” Rather, it grants to the Governor an extraordinary right to exercise a legislative power to call a special session that is otherwise reserved to the legislature.

“This is a huge win for the people of Indiana and permits their voices to be heard through their legislators when the Governor invokes his own emergency powers,” Attorney General Rokita stated.

Governor Holcomb is expected to appeal Thursday’s ruling.

RELATED STORIES

Indiana AG Office Files Court Brief Reiterating Proper Limits To Governor's Authority

Gov. Holcomb Files Lawsuit Challenging Constitutionality Of House Bill 1123

Lawmakers Vote To Override Gov. Holcomb Veto

Gov. Holcomb Vetoes House Bill 1123

More from Local News

Events

Queens Court, 4-H Royalty Crowned at 2026 Dearborn County Fair

The Dearborn County Fair rolls on through Friday.

Search Continues for Missing Franklin Co. Teen

Alyssa Richardson was last seen on June 5.

Genesis: Pathways to Success Brings Imagination to Life Through Summer Camps

Area students enjoyed Milan CARES Hogwarts and Brick Masters: LEGO Building Camp

SCAI Names Individual, Team Academic All-State Teams

EC, Milan, Rising Sun and JCD were represented.

Nine Local Stars Earn All-State Honors

The Softball Coaches Association of Indiana recently released their 2026 All-State Teams

SEI Hoop Stars Compete at All-Star Classic

South Dearborn, Batesville, South Ripley and East Central were represented

On Air

Your Hometown Radio Station playing
Lauren Alaina - Road Less Travelled

Sawyer Brown The Race Is On 4:56
Brooks & Dunn Brooks and Dunn - Boot Scootin Boogie - Eagle Only 4:52
Morgan Wallen One Thing at a Time 4:47
Maren Morris I Could Use a Love Song 4:44