Tag: emergency powers

Appeals Court Sides with Minnesota Gov. Walz in Lawsuit Challenging Mask Mandate, Emergency Powers

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The Minnesota Court of Appeals ruled in favor of Gov. Tim Walz on Monday in a case where a group of citizens had challenged the constitutionality of the governor’s indoor mask mandate that lasted 10 months during 2020 and 2021.

In its decision on Monday, the three-judge panel affirmed a lower court ruling from March 2021 that dismissed the case on the merits. The opinion, written by Judge Michelle Larkin, also noted that Walz was within the authority delegated to him by the legislature to declare a peacetime emergency during the COVID-19 pandemic. That order ran from March 2020 to July 2021.

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Commentary: More Work to be Done on Emergency Powers as Pandemic Wanes

RealClearWire

Most Americans are likely pleased that when they turn on their television, no longer are there talking heads and public health figures breathlessly discussing COVID-19 case counts and deaths. Broadly, the media as a whole is no longer incessantly reporting on the topic, and nationally, the federal public health emergency declared for the COVID-19 pandemic terminates on May 11. 

While the old signs of the pandemic have virtually vanished, Americans won’t forget what their governments did to them.

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Governor Whitmer’s Lost Case Sends $200,000 in Attorneys Fees to Policy Center’s Litigation Effort

The Center Square

Michigan’s governor, attorney general, and Department of Health and Human Services are on the hook for $200,000 in attorneys fees incurred from a lawsuit resolved by the state’s Supreme Court.

The Mackinac Center for Public Policy will collect the $200,000 after the state Supreme Court ruled against the government principals on Oct. 2, 2020, declaring Gov. Gretchen Whitmer’s exercise of emergency powers under a 1945 law unconstitutional. The court’s ruling nullified every COVID-19 executive order issued by the governor after April 30, 2020.

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Connecticut Governor’s Lifting of School Mask Mandate Depends on Legislature Voting to Extend His Emergency Powers

Susan Berry, PhD

Connecticut children cannot be certain they can finally be free of wearing masks in school since, although Gov. Ned Lamont (D) said he would end the state school mask mandate by February 28, that plan may depend on the legislature voting to extend his pandemic emergency powers, and then on individual school districts.

In his State of the State address Wednesday, Lamont told residents he will roll back some coronavirus restrictions, including the school mask mandate, adding, “You have earned this freedom.”

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Gov. Walz Fears ‘Political Fallout’ If He Declares Another State of Emergency over COVID

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Minnesota Gov. Tim Walz has admitted that declaring another state of emergency in the face of rising COVID cases would lead to negative political repercussions.

In a Wednesday call with reporters — from Finland, no less — the governor said he won’t invoke emergency powers while Minnesota’s COVID cases spiked to the highest 7-day average in the United States.

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Michigan Legislature Revokes Whitmer’s Pandemic Powers

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Sixteen months after the COVID-19 pandemic began in Michigan, the GOP-led Legislature has revoked Gov. Gretchen Whitmer’s pandemic powers.

The House of Representatives sealed the end of her powers Wednesday with a vote of 60-48. The Senate approved the petition on July 15 on a 20-15 vote.

Democratic Rep. Sam Steckloff said petitions are meant to go on the ballot to voters instead of enacted through the Legislature and contended petition gatherers “lied” to those who signed the petition.

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Democrats Say Minnesota Governor’s Emergency Powers Could Last Until August

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Gov. Tim Walz

Democrats said Monday that Gov. Tim Walz’s emergency powers will most likely continue into August.

Speaker of the House Melissa Hortman, D-Brooklyn Park, thinks both the governor and the legislature “foresee an end to the peacetime emergency sometime in the not-too-terribly distant future,” she said during a press conference Monday regarding the start of the special session.

She later indicated an end to the peacetime emergency sometime in August.

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Gov. Walz to Extend Emergency Powers for 15th Time Monday

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Gov. Tim Walz

Gov. Tim Walz plans to extend his emergency powers for another 30 days on Monday, making it the 15th month in a row that the peacetime emergency has been extended.

A Minnesota statute says that a governor who declares a peacetime emergency may have emergency powers for only five days, after which he must ask his Executive Council to extend his powers for an additional 30 days.

Walz has requested that his powers be extended 15 times since first declaring the peacetime emergency in March of 2020, and thus has had emergency powers for over 450 days.

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Poll: Majority of Michigan Voters Favor Ballot Proposal to Restrict Governor’s Emergency Powers

The Center Square
Gov. Whitmer

A poll released Tuesday by Michigan Rising Action (MRA), a Lansing-based organization dedicated to advancing conservative principles, asserts Michigan strongly supports a ballot proposal to limit the use of gubernatorial emergency powers.

MRA commissioned the poll from Marketing Resource Group, which conducted research between March 15-18, and skews +4 Democrat.

A majority of the 610 likely voters polled within each age group supported restricting the governor’s unilateral use of emergency powers.

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State Senator Pody Introduces Constitutional Amendment to Limit Government Overreach During Emergencies

Corinne Murdock

State Senator Mark Pody (R-Lebanon) proposed a constitutional amendment to limit governmental power during emergencies. Tennessee Stands, a nonprofit social advocacy organization, instigated the proposal of this amendment. 

“No declaration of emergency by the federal government, the governor of this state, or any agent or political subdivision of this state shall be construed to lessen or abridge the rights and privileges of the citizens of this state guaranteed by this Constitution or lessen or diminish the controlling authority of this Constitution,” read the amendment. “In all circumstances, the departments of the government shall be bound to and shall not exceed or delegate, their respective duties and powers as defined in this Constitution.” 

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Minnesota Legislators Push to Abolish Walz’s Power over Public Schools

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Republican lawmakers want to strip the governor of his ability to “unilaterally” close schools during a peacetime emergency.

Sen. Carla Nelson, R-Rochester, authored a bill that would make Gov. Tim Walz’s peacetime emergency powers invalid in the realm of shutting down in-person school. The governor may “advise and consult” with school boards and leaders, but may not take any action himself, the bill states.

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Gov. Walz Calls Special Session Monday to Extend Emergency Powers

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Gov. Tim Walz announced Wednesday a special session will take place Monday, Oct. 12, during which he intends to extend his peacetime emergency declaration for the seventh time.

In the governor’s Proclamation for Special Session, issued Oct. 7, Walz said an “extraordinary occasion” has ensued, and, therefore, “it is necessary to extend the COVID-19 Peacetime Emergency.”

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Judson Phillips Commentary: An Agenda for 2021

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In Tennessee, the election hoopla is over, even though we haven’t had the election yet. President Trump will carry the state. Bill Hagarty will destroy his unknown Democrat opponent.  The Republicans will maintain a supermajority in the Legislature. 

Conservatives need to think about 2021 and need to think about winning in 2021.  Getting conservatives united is a difficult task.  Trust me, I know from personal experience.  To say it is harder than herding cats is an understatement. 

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Constitutional Experts to Joint Ad Hoc Committee on Emergency Powers: The Legislature is the Check on Executive Powers

Laura Baigert

In Thursday’s meeting of the Joint Ad Hoc Committee to Study Emergency Powers, two experts on constitutional law said, that with the deference the courts afford the executive branch, it is up to the Tennessee General Assembly to put checks on the broad powers of the governor during an emergency.

In the second of three meetings, committee members heard testimony from seven individuals:  Glenn Reynolds, Professor of Law, University of Tennessee; Larry L. Crain, Crain Law Group; Herbert H. Slatery III, Attorney General of the State of Tennessee; Patrick Sheehan, Director TEMA; Dr. Lisa Piercey, Commissioner, Tennessee Department of Health; Clark Milner, Deputy Counsel to Governor Bill Lee; Brent Easley, Legislative Director to Governor Bill Lee.

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Expert Testimony on Study of Emergency Powers: Governor Lee’s Executive Orders Consistent with Powers Granted in State Law

Laura Baigert

In testimony to the Joint Ad Hoc Committee to Study Emergency Powers Thursday, retired Tennessee Supreme Court Justice and president and dean of Nashville School of Law William C. Koch, Jr. said Governor Bill Lee’s executive orders are entirely consistent with the inherent power in his office and granted to him in state statute.

The 17-member ad hoc committee, consisting of five senators and 12 representatives, was established by the respective speakers of each house at the request of members in light of the emergency status caused by COVID-19.

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Joint Legislative Committee Will Meet to Study Emergency Executive Powers in Tennessee Thursday

Laura Baigert

The Tennessee General Assembly Joint Ad Hoc Committee studying emergency powers of the executive branch will include presentations from by retired U.S. Attorney General Alberto Gonzales and retired Tennessee Supreme Court Justice William C. Koch, Jr.

The meeting to be held at the legislature’s home of the Cordell Hull Building is scheduled for Thursday.

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Walz Must Answer Abuse of Emergency Powers Charge Over COVID-19 Orders in Lawsuit

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Over a dozen Minnesota state legislators have joined ranks with the Free Minnesota Small Business Coalition to stop what they argue are Governor Tim Walz’s unconstitutional abuses of power. A hearing in the case will take place, July 16, 2020, in Minnesota District Court.

Minneapolis attorney Erick Kaardal of Mohrman, Kaardal & Erickson, P.A. is representing the group in a lawsuit against Governor Walz, whom they are charging with overstepping his bounds and interfering in the legislative process, violating civil liberties of legislators, business owners, and the 5.6 million Minnesotans.

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Legislators, Gov. Walz Face off Over Emergency Powers via Zoom Court Battle

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The result of a court hearing Thursday could impact the daily lives of about 5.6 million Minnesotans.

Ramsey County District Court Judge Thomas Gilligan heard from Minnesota Solicitor General Liz Kramer and Erick Kaardal, who’s representing more than a dozen state legislators and the Free Minnesota Small Business Coalition that claim harm under Gov. Tim Walz’s executive orders.

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