It seems that the Legislature, in issuing their petition to end the public health emergency order, has caused the Governor to throw a fit, not unlike a three-year-old who gets his hand slapped. The Governor has now filed suit, claiming, among other things, that the law is unconstitutional. From the Governor's Facebook post.
.In addition to the fact that getting rid of the mitigation measures that have proven to slow the spread of COVID and save lives is reckless and dangerous, the law being used is blatantly unconstitutional.
This is a classic separation-of-powers clash, and the governor is being petulant. His argument of the Legislature relying n an unconstitutional law is laughable, because it is the same law that he relied on to initiate the public health order in the first place. For the record, let me print the law as found in the state website.
§768. Termination of declaration of public health emergency
A. The state of public health emergency shall continue until the governor finds that the threat of danger has passed or the disaster or emergency has been dealt with to the extent that the emergency conditions no longer exist and terminates the state of public health or emergency by executive order or proclamation, but no state of public health emergency may continue for longer than thirty days unless renewed by the governor.
B. The legislature, in consultation with the public health authority, by a petition signed by a majority of the surviving members of either house, may terminate a state of public health emergency at any time. This petition terminating the public health emergency may establish a period during which no other declaration of public health emergency may be issued. Thereupon, the governor shall issue an executive order or proclamation ending the state of public health or emergency.
It's the same law. If the governor is correct that it is unconstitutional, then the entire series of emergency orders he issued are also unconstitutional.
No man is above the law. The governor should immediately comply with the orders of the legislature.
UPDATE TO ADD: The American Spectator has a good piece on the Louisiana Constitutional Crisis. Go there and read the whole thing.
3 comments:
It is disappointing to see how many governors are actively fighting their legislatures in this situation.
(I'm not going to call it a crisis because it isn't, and I believe it never was).
Is it a blessing to have found out now how many governors and mayors are dictators before something bigger came along? I just wish it didn't have such a large personal and economic cost attached to it.
Unfortunately, when there IS a real health crisis, this overreaction , this 'crying wolf' to use the old tale, will inhibit dealing with that as needed...
Lousy-ana. Land of the Losers. Home of the terminally stupid as proven over and over. Glad I got out when I did. Sorry, love the people but they can't seem to learn how to vote.
Sigh... Why does this NOT surprise me.
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