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Indiana Supreme Court denies Rokita's emergency request to stop Holcomb's lawsuit

Johnny Magdaleno
Indianapolis Star

The Indiana Supreme Court has denied an emergency request by Indiana Attorney General Todd Rokita to intervene in Gov. Eric Holcomb's lawsuit against a bill limiting the governor's emergency powers. 

Chief Justice Loretta H. Rush issued the order Tuesday denying the request to immediately stay all proceedings in Holcomb's lawsuit, which is playing out in Marion Superior Court. The Indiana Supreme Court is still considering Rokita's non-emergency request that the trial court stay all proceedings in the lawsuit until after the Indiana General Assembly finishes its current session.

More:Todd Rokita asks Indiana Supreme Court to stop Gov. Holcomb's suit over emergency powers

The Indiana General Assembly currently faces a Nov. 15 deadline. 

Holcomb is suing over HEA 1123, a bill that gave the legislative body the right to call itself into session during a state of emergency without the governor’s approval. Lawyers for the governor say the bill is unconstitutional because of how it restricts the most powerful politician in the state.

'We've never had a situation like this one': Holcomb's lawsuit gets its first day in court

The state's attorney general says HEA 1123 is in line with Indiana law. He also says Indiana law shields the general assembly from lawsuits while it is in session, which is why state attorneys are requesting the lawsuit be continued until after the Indiana General Assembly concludes this year.

Call IndyStar courts reporter Johnny Magdaleno at 317-273-3188 or email him at jmagdaleno@gannett.com. Follow him on Twitter @IndyStarJohnny