INDIANAPOLIS – Gov. Eric J. Holcomb asked a trial court judge to find key provisions of HEA 1123 unconstitutional and to issue a permanent injunction to prevent them from being used.
“I took an oath to uphold the Constitution of the State of Indiana and I have an obligation do so. This filing is about the future of the executive branch and all the governors who will serve long after I’m gone,” Holcomb said.
Holcomb vetoed the legislation April 9.
HEA 1123 limits the powers of the executive branch like those Holcomb has exercised since declaring a state of emergency at the beginning of the pandemic in March 2020.The bill instead would require the General Assembly to convene in an emergency session to act without the governor’s approval.
Holcomb has said that is unconstitutional, as the Indiana Constitution only grants the executive branch authority to convene an emergency session.
In a related note, current and former state legislators and a former Indiana Supreme Court justice are raising concerns that a law to extend rather than adjourn the 2021 session blurs the separation of powers and could have “dangerous” implications for the future.
The Indiana General Assembly passed House Bill 1372 late in the session with little discussion or opposition, extending the legislative session until Nov. 15. The coronavirus pandemic postponed 2020 census results and the change was necessary in order to vote on election redistricting in the fall, proponents say.
Gov. Eric Holcomb said Friday through a spokesperson that he was “reviewing” HB 1372. He signed the bill on Monday, according to his office.
Now some worry the unusual move could set a precedent for a full-time Legislature, and others wonder about lawmakers fundraising while technically still in session, which is typically not allowed.
Current and previous lawmakers are also concerned that the Republicans in the Legislature want the ability to keep the governor, also a Republican, in check when it comes to making executive decisions, like Holcomb has been doing for more than a year during the pandemic.
Holcomb vetoed HB 1123, allowing the Legislature to call itself back into session during an emergency, but the General Assembly overrode his veto earlier this month, ultimately limiting his powers while boosting the Legislature’s. Holcomb said it violates the separation of powers outlined in the Indiana Constitution because the state’s legislative body would be encroaching on the governor’s powers as head of the executive branch.
Rep. Ed DeLaney, D-Indianapolis, said he suggested some version of an extended session so they could avoid the “constitutional fight” over whether they can call themselves for a special session to do the redistricting.
He said the extended session is truly about the Republicans’ control over the governor and how the more “extreme” Republicans want to monitor the way he responds to the pandemic and be able to call themselves back into session “if he somehow offends them.”
“I don’t think we enjoy [the governor’s executive] power, and they decided to smooth it over a little by saying it was only for certain kinds of emergencies. So, that’s the constitutional problem.”
When Holcomb’s veto on HB 1123 was being overridden, the Indiana Black Legislative Caucus defended Holcomb and his powers.
“It’s one thing to want a seat at the table, but another thing entirely to strip the power of an elected official,” Rep. Robin Shackleford, D-Indianapolis, and chair of the IBLC, said. “This bill was born out of a desire for power, and that kind of behavior works against the interest of the people of Indiana.”
For more on this story, see Wednesday’s Republic.
