INDIANAPOLIS – Indiana Governor Eric Holcomb can move forward with a lawsuit he filed against the Indiana Legislature.

The Marion County Superior Court issued an order that denies the State's motion to strike the appearance of unauthorized council in the case of Holcomb v Bray. The Judge also wrote that such an interpretation would give the Attorney General greater power than the Governor, specifically at protecting the Governor's constitutional powers.

In response to that order, the Office of the Indiana Attorney General has filed a motion asking the court to certify the case for immediate appeal. According to Indiana Attorney General Todd Rokita, the question of who has authority to represent the State's legal interests in court, the Attorney General or outside counsel, is an issue of fundamental importance to the operation of Indiana Government. Rokita says the Attorney General's Office has fought for the liberties of the people of Indiana for decades, using the very same precedents the Court has now upended. If left unchallenged, Rokita says the Court's order in this case threatens to tip the balance of powers and undermine the individual liberties of the citizens of Indiana.

Rokita says he has filed an appeal in the interest of protecting Hoosiers. Holcomb filed the lawsuit against Rodrick Bray, President Pro Tempore of the Indiana State Senate and Todd Huston, the Speaker of the Indiana House of Representatives. Holcomb is questioning the constitutionality of HEA 1123. The House and Senate successfully voted to override Holcomb's veto of the bill.

The Indiana House and Senate originally approved the bill, that would give State lawmakers more authority to intervene during emergencies that are declared by the sitting Governor. Holcomb's fellow Republicans pushed the bill after months of criticism from some conservatives over COVD-19 restrictions that he imposed by Executive Order during the statewide public health emergency. One part of HEA 1123 would give the Legislature to ability call the Indiana General Assembly into an emergency session, something that only the Governor has been able to do.