Indiana court strikes down emergency law fought by governor
National Court News
The Indiana Supreme Court on Friday threw out a law that gave state legislators increased power to intervene during public health emergencies, agreeing with arguments from Republican Gov. Eric Holcomb that the move violated the state constitution.
The court’s unanimous decision settles a legal fight that began more than a year ago when Holcomb sued over a law that was a response to his efforts to deal with the COVID-19 pandemic.
The new law gave legislative leaders authority to call the General Assembly into an “emergency session” if the governor declares a statewide emergency. The GOP-dominated Legislature approved it over Holcomb’s veto.
Holcomb’s lawyers contended that the state constitution allows only the governor to call the Legislature into meetings for consideration of new laws outside of its annual sessions that begin in early January and adjourn by the end of April.
Chief Justice Loretta Rush agreed, writing for the five-justice court that Holcomb’s attorneys had “satisfied the high burden required to establish that the law is unconstitutional.”
“Under our Constitution, the General Assembly simply cannot do what the challenged law permits absent a constitutional amendment,” Rush added.
Holcomb said in a statement that the battle over the law had raised “important procedural, statutory and Constitutional questions that only the courts could answer.”
“Today, the Indiana Supreme Court has provided clarity and finality on these important issues,” he said.
The high court’s ruling came after a Marion County judge sided with the Legislature in October.
Related listings
-
Wisconsin Supreme Court adopts GOP-drawn legislative maps
National Court News 04/17/2022The Wisconsin Supreme Court on Friday adopted Republican-drawn maps for the state Legislature, handing the GOP a victory just weeks after initially approving maps drawn by Democratic Gov. Tony Evers.The court reversed itself after the U.S. Supreme Co...
-
Judge won’t halt execution over intellectual disability
National Court News 03/29/2022A judge on Tuesday dismissed a motion to declare a Tennessee death row inmate intellectually disabled, a move that would have prohibited his upcoming execution.Senior Judge Walter Kurtz wrote that federal courts had previously determined Byron Black ...
-
Montana bill seeks to charge doctors assisting in suicides
National Court News 02/26/2021The Montana Senate is considering a bill that would make it illegal for doctors to help terminal patients take their own life.The bill heard by the Senate Judiciary Committee on Friday would open doctors up to possible homicide charges if they prescr...
What Is Meant by ‘No-Fault’ Workers’ Compensation in Illinois?
If you were injured in a work-related accident and have been researching workers’ compensation, you may have seen it described as a “no-fault” system. One of the most important things to understand about the workers’ compensation system in Illinois is that it is based on a “no-fault” system. What does this mean, exactly?
Most employers in Illinois are required by law to have workers’ compensation insurance. And the workers' compensation in Illinois is a “no-fault” system, which means that any worker who has been hurt on the job is entitled to workers' compensation benefits. If you have been hurt on the job, you are entitled to workers’ compensation benefits no matter whose fault the accident was.
A no-fault insurance system, such as workers’ comp, works by paying claims regardless of who is to blame for an accident. This provides an important layer of protection for injured workers, sparing them from having to through additional litigation and the through the additional burden of proving who was at fault before receiving benefits.
In Illinois, even though you don’t have to prove that your injury was your employer’s fault, you do have to prove that your injury happened at work or as a result of work. If you would like help to file your workers' compensation claim, Krol, Bongiorno, & Given’s experienced workers' comp lawyers are here to help. With over 60 years of combined legal experience, the KBG law firm is a leader in the field of workers’ compensation law and we have earned the reputation as aggressive advocates for injured workers before the IWCC.