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The Indiana Supreme Court on Tuesday rejected Attorney General Todd Rokita’s request to stop Governor Eric Holcomb’s lawsuit over a new legislative emergency powers bill.
The five justices who sit on the court unanimously refused a request to intervene in the case on an emergency basis, according to the Tuesday order.
The request to permanently stop the lawsuit remains under consideration, and opposing filings were due to the court by Friday.
The ruling comes after Rokita appealed a Marion County judge who in early July ruled in favor of Holcomb. The judge rejected Rokita’s claim that only he could file a lawsuit on behalf of the state and said Holcomb does have the constitutional right to defend executive powers in court.
Holcomb is asking to overturn a new state law that would allow lawmakers to call their own special session. The governor vetoed the bill this spring, and lawmakers overrode that veto.