Maureen Groppe has a story on some interesting wrangling between Gov. Pence and Attorney General Zoeller regarding Gov. Pence’s desire to get Indiana involved in litigation over President Obama’s executive order on immigration.
Instead of pursuing an action against the President over immigration as requested by Gov. Pence, Attorney General Zoeller has given consent to Gov. Pence to hire outside counsel. At issue seems to be IC 4-6-5-3 which I can’t quote because the General Assembly’s new online Indiana Code is terrible and only in PDF. But, it says that state agencies (defined broadly as including any instrumentality of the state) cannot hire outside counsel without consent of the Attorney General.
I wonder if it will be the Office of the Governor suing the President or if it will purport to be the State of Indiana bringing suit. If it’s the latter, I wonder what the basis would be for Gov. Pence to unilaterally bring suit against the President on behalf of Indiana while maintaining his ability to criticize the President for unilateral action on behalf of the United States.