INDIANAPOLIS (AP) — The state Supreme Court has ruled that Indiana’s governor can go ahead with a lawsuit challenging the increased power state legislators gave themselves to intervene during public health emergencies.

The justices issued a one-page order Friday saying they had voted 4-1 in favor of letting Republican Gov. Eric Holcomb pursue the lawsuit with private lawyers representing him.

It was the second time this month the court rejected arguments from Republican Attorney General Todd Rokita’s office that the lawsuit shouldn’t be allowed to proceed at this time.

A Marion County judge has scheduled a Sept. 10 hearing on the merits of Holcomb’s arguments that the law is unconstitutional.