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Hoosier Citizen Sues Indiana Lawmakers Over Emergency Powers Measure

Brandon Smith
IPB News

There’s another lawsuit seeking to strike down a new Indiana law that gives lawmakers more power to act during a public emergency.

Gov. Eric Holcomb sued lawmakers over that measure earlier this week. Now, a Hoosier citizen has done the same.

John Whitaker, former special counsel to Gov. Bob Orr, filed the latest suit. He said recently-passed House Bill 1123 unconstitutionally allows lawmakers to call themselves into special session during a public emergency.

Whitaker said because the current emergency – COVID-19 – is still ongoing, it’s vital for courts to decide now whether the measure is constitutional and avoid confusion.

Attorney General Todd Rokita recently moved to halt the lawsuit brought by Holcomb in this issue. He argued, in part, that Holcomb isn’t allowed to sue the legislature. Whitaker’s case would avoid that hurdle.

Contact reporter Brandon at or follow him on Twitter at @brandonjsmith5.