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Back in Session, State Legislatures Challenge Governors’ Authority Back in Session, State Legislatures Challenge Governors’ Authority
(2 days later)
ATLANTA — State lawmakers in Mississippi voted overwhelmingly last week to strip away the governor’s authority to spend more than $1.2 billion in federal funds. In Wisconsin, lawyers for the Legislature’s Republican leaders argued before the State Supreme Court their case for reining in the governor’s executive “safer-at-home” order.ATLANTA — State lawmakers in Mississippi voted overwhelmingly last week to strip away the governor’s authority to spend more than $1.2 billion in federal funds. In Wisconsin, lawyers for the Legislature’s Republican leaders argued before the State Supreme Court their case for reining in the governor’s executive “safer-at-home” order.
And in Louisiana, plexiglass barriers separated masked lawmakers as they returned to work this week for the first time since the state became a coronavirus hot spot. At the top of the agenda for many: pushing back against Gov. John Bel Edwards’s decision to extend his stay-at-home order until May 15, even if it meant resorting to a petition to override his emergency declaration.And in Louisiana, plexiglass barriers separated masked lawmakers as they returned to work this week for the first time since the state became a coronavirus hot spot. At the top of the agenda for many: pushing back against Gov. John Bel Edwards’s decision to extend his stay-at-home order until May 15, even if it meant resorting to a petition to override his emergency declaration.
“I don’t want to have to override our governor,” said Blake Miguez, the leader of the Republican caucus in the State House of Representatives. “But the Legislature has become very frustrated. They’re hearing screams louder than ever from back home that we need to reopen the economy.”“I don’t want to have to override our governor,” said Blake Miguez, the leader of the Republican caucus in the State House of Representatives. “But the Legislature has become very frustrated. They’re hearing screams louder than ever from back home that we need to reopen the economy.”
Until recently, intergovernmental friction over individual state responses to the virus and plans for restarting state economies has been dominated by skirmishes between executives, with tension between mayors and governors, and governors and the president.Until recently, intergovernmental friction over individual state responses to the virus and plans for restarting state economies has been dominated by skirmishes between executives, with tension between mayors and governors, and governors and the president.
Yet as more state legislatures reconvene, and as states take tentative steps toward some semblance of normalcy, lawmakers have increasingly asserted themselves, demanding to define a clearer role for the legislative branch and challenging governors who have become the face of their state’s response.Yet as more state legislatures reconvene, and as states take tentative steps toward some semblance of normalcy, lawmakers have increasingly asserted themselves, demanding to define a clearer role for the legislative branch and challenging governors who have become the face of their state’s response.
Lawmakers have emerged from isolation in recent weeks, mostly with the goal of curtailing executive orders imposed by governors and picking up the pace of reopening.Lawmakers have emerged from isolation in recent weeks, mostly with the goal of curtailing executive orders imposed by governors and picking up the pace of reopening.
“I think there should be a back-and-forth with the administration to make sure we can come up with a plan that makes sense, instead of just continually extending the shutdown,” Scott Fitzgerald, the Republican majority leader of the Wisconsin State Senate, said in a television interview in late April, explaining the roots of the rebellion mounted by lawmakers from his party after Gov. Tony Evers, a Democrat, extended his order until May 26.“I think there should be a back-and-forth with the administration to make sure we can come up with a plan that makes sense, instead of just continually extending the shutdown,” Scott Fitzgerald, the Republican majority leader of the Wisconsin State Senate, said in a television interview in late April, explaining the roots of the rebellion mounted by lawmakers from his party after Gov. Tony Evers, a Democrat, extended his order until May 26.
Republicans accused Mr. Evers of freezing out the Legislature in plotting the state’s reopening. The ensuing legal battle has ascended to the conservative State Supreme Court and will ultimately serve as a test of the governor’s power during an emergency.Republicans accused Mr. Evers of freezing out the Legislature in plotting the state’s reopening. The ensuing legal battle has ascended to the conservative State Supreme Court and will ultimately serve as a test of the governor’s power during an emergency.
In Maine, Republican lawmakers are also trying to curb the emergency authority of Gov. Janet Mills, a Democrat. They have called for a special legislative session, arguing in a letter that their concerns have been “met with disregard and even contempt.”In Maine, Republican lawmakers are also trying to curb the emergency authority of Gov. Janet Mills, a Democrat. They have called for a special legislative session, arguing in a letter that their concerns have been “met with disregard and even contempt.”
But it appears the push has yet to gain traction in the Democratic-led Legislature. Troy Jackson, the Senate president, dismissed their protests in a statement as a “shortsighted attempt to score political points that would only further spread the virus, allow our economy to worsen and leave Maine people paying the ultimate price.”But it appears the push has yet to gain traction in the Democratic-led Legislature. Troy Jackson, the Senate president, dismissed their protests in a statement as a “shortsighted attempt to score political points that would only further spread the virus, allow our economy to worsen and leave Maine people paying the ultimate price.”
Not all of the conflicts have cleaved along partisan lines.Not all of the conflicts have cleaved along partisan lines.
Mississippi had been gripped by an intramural fight between the Republican governor, Tate Reeves, and the Republican-led Legislature after lawmakers voted just shy of unanimously to wrest control of federal stimulus dollars from the governor.Mississippi had been gripped by an intramural fight between the Republican governor, Tate Reeves, and the Republican-led Legislature after lawmakers voted just shy of unanimously to wrest control of federal stimulus dollars from the governor.
Mr. Reeves, who had built a reputation for a bruising behind-the-scenes style during his years as lieutenant governor, has tried to cast himself during the pandemic as a commanding and almost avuncular figure, going as far as ending his daily virus briefings with a long list of birthday wishes solicited from around the state.Mr. Reeves, who had built a reputation for a bruising behind-the-scenes style during his years as lieutenant governor, has tried to cast himself during the pandemic as a commanding and almost avuncular figure, going as far as ending his daily virus briefings with a long list of birthday wishes solicited from around the state.
But the showdown has prompted Mr. Reeves to come out swinging at lawmakers.But the showdown has prompted Mr. Reeves to come out swinging at lawmakers.
“It’s a terrible tragedy,” he said in a recent appearance on “Fox News Sunday,” accusing lawmakers of trying to conduct a “power grab during the middle of an emergency.”“It’s a terrible tragedy,” he said in a recent appearance on “Fox News Sunday,” accusing lawmakers of trying to conduct a “power grab during the middle of an emergency.”
He added at a recent news conference that he was poised to veto the legislation and bracing for the dispute to go to court.He added at a recent news conference that he was poised to veto the legislation and bracing for the dispute to go to court.
Still, lawmakers argued that it was their role to appropriate government money, with House Speaker Philip Gunn saying that Mississippi does not have a “one-man-makes-the-decision system.”Still, lawmakers argued that it was their role to appropriate government money, with House Speaker Philip Gunn saying that Mississippi does not have a “one-man-makes-the-decision system.”
“The governor says that by letting him spend the money, he can get it where it needs to go more quickly,” Mr. Gunn said before the vote last week. “That makes for a good sound bite, but what voice does that give to our citizens in the decision-making process?”“The governor says that by letting him spend the money, he can get it where it needs to go more quickly,” Mr. Gunn said before the vote last week. “That makes for a good sound bite, but what voice does that give to our citizens in the decision-making process?”
On Thursday, the governor and top lawmakers announced that they had hammered out a deal in which the Legislature would appropriate the funds and the governor would administer it.On Thursday, the governor and top lawmakers announced that they had hammered out a deal in which the Legislature would appropriate the funds and the governor would administer it.
State lawmakers across the country contend that their position, often representing districts with fewer than 100,000 people, gives them the most direct line to the wishes of voters.State lawmakers across the country contend that their position, often representing districts with fewer than 100,000 people, gives them the most direct line to the wishes of voters.
Those small constituencies, political analysts said, have also made state legislatures a natural habitat for political outsiders, extremists and a wider range of views. In many states, legislatures are known for a persistent flurry of one-off proposals that have little chance of advancing but nevertheless grab eye-rolling headlines and light up social media.Those small constituencies, political analysts said, have also made state legislatures a natural habitat for political outsiders, extremists and a wider range of views. In many states, legislatures are known for a persistent flurry of one-off proposals that have little chance of advancing but nevertheless grab eye-rolling headlines and light up social media.
Roughly a dozen states have returned to session or are scheduled to reconvene in the coming weeks. And as more state legislatures come back online, lawmakers will have to confront the enormous challenges that come with governing during a pandemic.Roughly a dozen states have returned to session or are scheduled to reconvene in the coming weeks. And as more state legislatures come back online, lawmakers will have to confront the enormous challenges that come with governing during a pandemic.
The economic damage has been devastating, eviscerating businesses, driving up job losses and unnerving voters whose lives and livelihoods have been upended. State and local governments are also anticipating massive budget shortfalls as tax revenues have eroded.The economic damage has been devastating, eviscerating businesses, driving up job losses and unnerving voters whose lives and livelihoods have been upended. State and local governments are also anticipating massive budget shortfalls as tax revenues have eroded.
Updated August 4, 2020 Updated August 6, 2020
Those anxieties have loomed over the return of the Legislature in Louisiana, which has had the fifth-highest per capita rate of cases in the United States. More than 30,000 confirmed cases have been reported in the state, with more than 2,000 deaths. Yet lawmakers have been buffeted just as much by economic fears, especially as the oil and gas industry, a backbone of much of the state’s economy, has collapsed.Those anxieties have loomed over the return of the Legislature in Louisiana, which has had the fifth-highest per capita rate of cases in the United States. More than 30,000 confirmed cases have been reported in the state, with more than 2,000 deaths. Yet lawmakers have been buffeted just as much by economic fears, especially as the oil and gas industry, a backbone of much of the state’s economy, has collapsed.
When Mr. Edwards extended the state’s stay-at-home order, citing the rising number of cases, Republican lawmakers said they were blindsided.When Mr. Edwards extended the state’s stay-at-home order, citing the rising number of cases, Republican lawmakers said they were blindsided.
“The people of Louisiana have made it clear they’re ready to get back to their work and their worship,” said Danny McCormick, a Republican state representative who organized a demonstration on Saturday outside the governor’s mansion in Baton Rouge, La. “There is not a plan. He’s just paralyzed with fear.”“The people of Louisiana have made it clear they’re ready to get back to their work and their worship,” said Danny McCormick, a Republican state representative who organized a demonstration on Saturday outside the governor’s mansion in Baton Rouge, La. “There is not a plan. He’s just paralyzed with fear.”
Republicans are pursuing an array of tactics to weaken the governor’s order, including legislation that would take away Mr. Edwards’s power in enforcing it and the petition that would override his emergency declaration altogether. Alan T. Seabaugh, the Republican lawmaker who drafted the petition, said Mr. Edwards had left them with limited options, “to either leave it alone or overturn the emergency declaration.”Republicans are pursuing an array of tactics to weaken the governor’s order, including legislation that would take away Mr. Edwards’s power in enforcing it and the petition that would override his emergency declaration altogether. Alan T. Seabaugh, the Republican lawmaker who drafted the petition, said Mr. Edwards had left them with limited options, “to either leave it alone or overturn the emergency declaration.”
Mr. Edwards has assailed the effort, contending that it would unleash sweeping consequences that could undermine the state’s recovery. His administration said that overriding the emergency declaration would also wipe out orders closing schools and limiting visitors to hospitals and nursing homes, as well as jeopardize access to unemployment funds and prohibitions on price gouging for personal protective equipment and test kits.Mr. Edwards has assailed the effort, contending that it would unleash sweeping consequences that could undermine the state’s recovery. His administration said that overriding the emergency declaration would also wipe out orders closing schools and limiting visitors to hospitals and nursing homes, as well as jeopardize access to unemployment funds and prohibitions on price gouging for personal protective equipment and test kits.
“That would just be completely irresponsible and nonsensical,” Mr. Edwards said at a recent news conference.“That would just be completely irresponsible and nonsensical,” Mr. Edwards said at a recent news conference.
The discord reflected the unusual political landscape in Louisiana, a conservative state but also the only one in the Deep South with a Democratic governor. Mr. Edwards, who was elected last year to a second term, has walked a delicate line.The discord reflected the unusual political landscape in Louisiana, a conservative state but also the only one in the Deep South with a Democratic governor. Mr. Edwards, who was elected last year to a second term, has walked a delicate line.
He has steered clear of criticizing President Trump, even after the president had aggressively campaigned against him. And during the crisis, he has often sidled up to the administration, including flying to Washington for a meeting with Mr. Trump in the Oval Office and stressing during the announcement of his stay-at-home order extension that he had consulted with Vice President Mike Pence.He has steered clear of criticizing President Trump, even after the president had aggressively campaigned against him. And during the crisis, he has often sidled up to the administration, including flying to Washington for a meeting with Mr. Trump in the Oval Office and stressing during the announcement of his stay-at-home order extension that he had consulted with Vice President Mike Pence.
But the resistance from Republican lawmakers has illuminated a shift to a new chapter in the crisis in Louisiana and elsewhere, as legislatures were trying to push past the largely unilateral leadership from the executive branch that has defined the response so far.But the resistance from Republican lawmakers has illuminated a shift to a new chapter in the crisis in Louisiana and elsewhere, as legislatures were trying to push past the largely unilateral leadership from the executive branch that has defined the response so far.
“Well, there are checks and balances built into our constitution and statutes on every issue, and this should be no exception,” said Sharon Hewitt, a Republican state senator in Louisiana.“Well, there are checks and balances built into our constitution and statutes on every issue, and this should be no exception,” said Sharon Hewitt, a Republican state senator in Louisiana.
The law provides vast authority to the governor during an emergency — “for good reason,” she said. “You do need to have a single decision maker.”The law provides vast authority to the governor during an emergency — “for good reason,” she said. “You do need to have a single decision maker.”
“But,” Ms. Hewitt added, “I also agree the Legislature should have more of a role. I believe we should have been consulted on many of these decisions. We are exploring the ways that we could weigh in on that.”“But,” Ms. Hewitt added, “I also agree the Legislature should have more of a role. I believe we should have been consulted on many of these decisions. We are exploring the ways that we could weigh in on that.”