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Attorney General says Governor lacks authority on mask order

Addressing the concerns of a few Indiana Senators, Indiana Attorney General Curtis Hill wrote an official legal opinion.   At issue was Governor Holcomb’s recent order to mandate masks and also criminalize the failure to do so.  Such a failure to wear a mask in public, as the Governor’s Executive Order was requiring, would result in a Class B misdemeanor offense. 

This resulted in several inquiries to the Attorney General’s Office, the office reported, where A.G. Hill summarized his position as, “The wisdom of wearing masks — or of laws requiring such measures — is not the issue here. Rather, the issue is whether we are following the proper and constitutional processes for enacting laws and whether we are respecting the distinct roles of each branch of state government.”

The Indiana Attorney General went on to argue that, “Executive orders have an important and legitimate function during times of emergency. But by this point in the pandemic — more than four months since the emergency declaration — it’s time to show some deference to the branch of government actually charged by our state constitution with the responsibility for enacting laws.”

Read the official legal opinion here – https://calendarmedia.blob.core.windows.net/assets/6a6ada13-15d1-42a4-8f6f-5bdf2a36d8dd.pdf

Photo by Anna Shvets from Pexels

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