Last Thursday, the Indiana Supreme Court heard arguments in a case determining the constitutionality of a law giving state legislators the authority to call themselves into special legislative sessions during public health emergencies.

This case follows a line of cases raising separation of powers issues relating to public health emergency orders. In several states, including Louisiana, Michigan, New Hampshire, and Wisconsin, state legislatures that were unhappy with governors’ emergency orders during the COVID-19 pandemic attempted to limit executive powers. These cases raise important issues about the balance of power during a public health emergency. They also have the potential to weaken the executive branch’s ability to act quickly during a public health emergency. Governors and other health officials might be wary of imposing public health measures knowing they could be quickly overruled by the legislature. Under Indiana law, the Legislature can end the Governor’s emergency orders with a majority vote.

Unlike many intrastate power struggles between the state executive branch and legislature, such as that in Wisconsin v. Palm, the fight in Indiana is not a partisan one. Both Governor Eric Holcomb and legislative leaders are Republican.