Gov. Holcomb Files Lawsuit Challenging Constitutionality Of House Bill 1123

The legislation would allow the General Assembly to convene, and terminate an emergency order issued by the governor.

(Indianapolis, Ind.) – Indiana Governor Eric Holcomb is challenging the constitutionality of House Enrolled Act 1123.

The governor filed a lawsuit in Marion County Circuit Court on Tuesday. The lawsuit lists Senate President Pro Tempore Rodric Bray, Speaker Todd Huston, and the Indiana General Assembly as the defendants.

Holcomb’s lawsuit asks a trial court judge to find key provisions of HEA 1123 unconstitutional and to issue a permanent injunction to prevent them from being used.

The legislation provides that the General Assembly may convene in an emergency session if the council adopts a resolution making certain findings concerning a state of emergency by the governor. Lawmakers could then terminate any emergency order enacted by the governor.

Holcomb vetoed the bill earlier this month, but lawmakers voted to override the veto just days later.

“The bill usurps power exclusively given to the governor,” Holcomb said.

Read the full lawsuit here.

Indiana Attorney General Todd Rokita released the following statement:

"Under Indiana law, only the attorney general may determine and advocate the legal position of all of state government. And that exclusive authority exists for good reason—so that Indiana speaks in court with a single legal voice. In creating the Office of the Attorney General, the General Assembly resolved precisely this sort of situation—where two parts of the state government disagree on a legal question. And as the Indiana Supreme Court recognized more than forty years ago, the Attorney General exists to resolve such disagreements and “to establish a general legal policy for State agencies.” State ex rel. Sendak v. Marion Cty. Superior Ct., 268 Ind. 3, 6–7, 373 N.E.2d 145, 148 (1978). In declining to authorize outside counsel to represent the Governor here, the Office of the Attorney General is not beset by a conflict of interest but is instead fulfilling its core purpose—setting a single, unified legal position for the State as a whole.

The Indiana Supreme Court has also held that no state agency or office holder may file a declaratory judgment action. Allowing state agencies to resort to the judicial system for review of every statute passed would foster legislative irresponsibility and unnecessarily overburden the courts into issuing, essentially, advisory opinions."

RELATED STORIES

Lawmakers Vote To Override Gov. Holcomb Veto

Gov. Holcomb Vetoes House Bill 1123

More from Local News

Events

NKY Man Charged with 10 Counts of Criminal Abuse

The reported abuse occurred on August 19

Gravelrama Parade Route Changing Direction Due to Ongoing Bridge Project

Get all the need to know before the parade takes place on Wednesday, August 26

NWS Released Rainfall Reports from August 12-13

Some areas were impacted more than others.

Local Sports Report - August 20, 2026

There was plenty of action in multiple sports on Thursday night

LHS Swimming Announces Partnership with Cincinnati Marlins

The partnership will expand swimming opportunities in the community.

Local Sports Report - August 19, 2026

Soccer, volleyball and cross country results

On Air

Rick Bernius playing
Kenny Chesney - Summertime

Ella Langley Choosin Texas 16:45
Toby Keith How Do You Like Me Now? 16:42
Bailey Zimmerman and Luke Combs Back Up Plan 16:38
Brooks & Dunn Boot Scootin' Boogie 16:35