Editorial: 650 days and counting
Published 7:00 am Thursday, December 9, 2021
- Coronavirus logo
COVID-19 has reached endemic stage, which means it will be with us in one form or another for the foreseeable future. Unfortunately, there appears no end to the exercise of unfettered “emergency” powers to deal with the virus.
When will it end?
A perpetual state of emergency has existed in Washington state for 650 days. In Oregon, a state of emergency has been in place for 642 days. And in Idaho, the state of emergency has lasted 625 days.
While we believe governors should have powers to deal with natural disasters and other emergencies such as a pandemic, the measures undertaken using those powers should be limited in duration and subject to mandatory oversight by the legislature before being extended.
Washington Gov. Jay Inslee declared a state of emergency on Feb. 29, 2020 — the day the first person in Washington died from the virus. Oregon Gov. Kate Brown declared her state of emergency on March 8, 2020. Idaho Gov. Brad Little declared an “extreme emergency” on March 25.
The governors of each state have broad powers to deal with emergencies. But in none of these states are these powers granted by the state constitutions. Instead, they are in each state granted by statute, the legislatures having anticipated the need for decisive action in exigent circumstances to protect lives and property.
We appreciate the circumstances that prompted governors across the country to declare emergencies and invoke special powers available under the laws of their states.
The COVID-19 outbreak presented a clear and present danger as it unfolded in the early spring of 2020.
Those powers were used to shut down large segments of the economy for undetermined lengths of time, to close private and public schools and colleges, to forbid religious services and private gatherings, declare some businesses “essential” and others not, to rewrite the terms of rental contracts, and restrict access to common healthcare procedures — all by decree and without the explicit consent of the people’s elected representatives.
The experience of the last 650 days demonstrates that those declarations should come with a statutory expiration date and a mandate for the legislature to review actions taken under them, and to approve any necessary extensions.
Last year, Idaho legislators imposed some restrictions on the governor’s emergency powers, but not to the extent critics of the powers had originally suggested. Nonetheless, it was a start.
While we don’t agree with many of the actions taken, we concede that the governors have acted within the extensive authority granted to them by their legislatures.
So, we ask again: When will the emergency end? When the people force the legislatures to put serious limitations on the abilities of governors to rule by decree.