Gov. Holcomb sues Indiana's Legislature over emergency powers law

[buckwacker]

Holcomb is a tyrant. Be nice to recall him. But is he wrong? I don’t mean, is he wrong principally. Is he wrong that the constitution gives him the sole authority on emergency orders? If the state constitution gives him that authority, then he’s going to win.


Oh. And In before certain lawyers posting incorrect spelling of “rights”.

I don't think emergency powers are specifically delegated to the executive in the constitution. I believe Holcombs argument is that the constitution gives only the executive the power to call the legislature into special session, and the legislature just voted themselves that power. I don't think the lawsuit is over emergency powers specifically, but who can call a special legisltive session.

 

[cbhausen]

View attachment 137567
I voted for this guy.

#metoo (and the Spousal Unit)

 

[cbhausen]

Well that basically settles it, Holcomb is a POS

Fixeditfoya

 

[Ingomike]

I don't think emergency powers are specifically delegated to the executive in the constitution. I believe Holcombs argument is that the constitution gives only the executive the power to call the legislature into special session, and the legislature just voted themselves that power. I don't think the lawsuit is over emergency powers specifically, but who can call a special legisltive session.

This sounds right. The governor should be limited in emergency powers to 30 days total and be forced to call in the legislature if the situation is dire enough to warrant further emergency power.

If they created a mechanism to call a special session they will lose...

 

[BugI02]

Holcomb is a tyrant. Be nice to recall him. But is he wrong? I don’t mean, is he wrong principally. Is he wrong that the constitution gives him the sole authority on emergency orders? If the state constitution gives him that authority, then he’s going to win.


Oh. And In before certain lawyers posting incorrect spelling of “rights”.

So, does this turn around your legislative branch not being able to call itself into session in order to exercise authority over the governor during an emergency? I don't think that will be as cut and dried as you think if he is obviously preventing a session just because he wants to preserve his authority and not for some reason related to the actual emergency

 

[churchmouse]

#metoo (and the Spousal Unit)

So did we.

 

[jamil]

So, does this turn around your legislative branch not being able to call itself into session in order to exercise authority over the governor during an emergency? I don't think that will be as cut and dried as you think if he is obviously preventing a session just because he wants to preserve his authority and not for some reason related to the actual emergency

Why are you comparing what I think. I basically said I don’t know if his allegations are correct. I’m not making a statement of “should”. I’m making a statement of “is”. If the state constitution does grant him exclusive authority to call the general assembly into session, he IS going to win.

However. This is what’s in the state constitution. I really didn’t find anything else that really says.

“ Section 9. The sessions of the General Assembly shall be held at the capitol of the State, commencing on the Tuesday next after the second Monday in January of each year in which the General Assembly meets unless a different day or place shall have been appointed by law. But if, in the opinion of the Governor, the public welfare shall require it, he may, at any time by proclamation, call a special session. The length and frequency of the sessions of the General Assembly shall be fixed by law.
(History: As Amended November 3, 1970. The schedule adopted
with the 1970 amendment to Article 4, Section 9 was stricken
out by the November 6, 1984, amendment).”

This does give the government power to call them into a special session. But it doesn’t look to me like it gives the governor *exclusive* authority to call them into session.

 

[BugI02]

Is Holcomb merely declining to call them back into session or is he using emergency powers to keep them from returning to session at the assigned time? If he is actively preventing the legislature from returning to session and cannot articulate a reason related to the emergency, I think you are wrong and he will lose. I believe intent will matter in the decision. I guess you could call that 'comparing what you think', although a comparison usually requires two objects to contrast - so one wonders what you believe I was comparing what you think to

 

[Lushamania]

Holcomb is a tyrant. Be nice to recall him. But is he wrong? I don’t mean, is he wrong principally. Is he wrong that the constitution gives him the sole authority on emergency orders? If the state constitution gives him that authority, then he’s going to win.

I'm not a fan of Governor Holbump-on-a-log, but I’d like to know this, too. I have my limited understanding of the situation, which very well may be wrong, but I have quite a bit more to learn about this particular case.

 

[jamil]

Is Holcomb merely declining to call them back into session or is he using emergency powers to keep them from returning to session at the assigned time? If he is actively preventing the legislature from returning to session and cannot articulate a reason related to the emergency, I think you are wrong and he will lose. I believe intent will matter in the decision. I guess you could call that 'comparing what you think', although a comparison usually requires two objects to contrast - so one wonders what you believe I was comparing what you think to

No, The session timing is set. Holcomb doesn’t have any authority to stop that. I think he is saying that only he has the power to call the general assembly into special session outside of the normal one. After reading Article 4, it looks to me like the governor does have power to call the assembly into special session, but it does not look to me like it prevents the assembly from making a law that allows them to call a special session to bitch slap the governor. If I’m reading it right, and who knows because IANAL, Holcomb should lose his lawsuit.

 

[04FXSTS]

No, The session timing is set. Holcomb doesn’t have any authority to stop that. I think he is saying that only he has the power to call the general assembly into special session outside of the normal one. After reading Article 4, it looks to me like the governor does have power to call the assembly into special session, but it does not look to me like it prevents the assembly from making a law that allows them to call a special session to bitch slap the governor. If I’m reading it right, and who knows because IANAL, Holcomb should lose his lawsuit.

That is how I read it also, I saw nothing giving him exclusive power. Jim.

 

[SwikLS]

Holcomb is a tyrant. Be nice to recall him. But is he wrong? I don’t mean, is he wrong principally. Is he wrong that the constitution gives him the sole authority on emergency orders? If the state constitution gives him that authority, then he’s going to win.


Oh. And In before certain lawyers posting incorrect spelling of “rights”.

well, if the ISC can supend the law license of our attorney general for a criminal violation that he has never been convicted of then why couldn't they say the IC says the executive branch has emergency powers already built in regardless of any action of inaction from the legislature?

its clown world in the legal profession and a lot of people are getting sick and tired of it.

 

[IndyDave1776]

My understanding is that the legislature absolutely does have the authority to limit or eliminate entirely the governor's emergency powers such that he would be forced to call the legislatute to session in order to declare or prolong any emergency powers.

The authority to call the legislature into emergency session does not appear to be exclusive but will probably end up being decided by the black robe crew since it is not addressed unambiguously.