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Back in Session, State Legislatures Challenge Governors’ Authority Back in Session, State Legislatures Challenge Governors’ Authority
(3 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.
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.
Updated June 12, 2020Updated June 12, 2020
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.
Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
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.”