Governors on the Defensive as Court Challenges to Lockdown Orders Mount

MAY 18, 2020 |  | The New American |

Governors on the Defensive as Court Challenges to Lockdown Orders Mount

“Even as some states slowly begin loosening their coronavirus orders, legal challenges to the orders continue to be mounted. “Already, more than a dozen states across the country have faced lawsuits over their lockdown mandates,” reports Politico, and that number is likely to grow as long as the policies remain in place.

The most successful of these suits thus far has been the one brought by the Wisconsin legislature against Democratic Governor Tony Evers’ (shown) statewide shelter-in-place order. The state supreme court overturned the order last Wednesday on the grounds that it should have been promulgated as a “rule,” which would have given legislators a say in the process.

Michigan Governor Gretchen Whitmer (D) is also the target of a lawsuit brought by her state legislature. On April 30, just as her initial state-of-emergency proclamation was about to expire, Whitmer unilaterally extended it despite the fact that the legislature, as required by law, had not voted to do so.

“In California, [Democratic] Gov. Gavin Newsom is facing more than a dozen lawsuits challenging everything from beach to business closures,” wrote Politico. “And earlier in May a coalition of business owners sued Maine Gov. Janet Mills, also a Democrat, seeking to end that state’s shelter-in-place order.”

Maryland Governor Larry Hogan (R) is being sued over his shelter-in-place orders by a group of state legislators and business and religious leaders. “Though the state has asked a federal judge to dismiss the case, a scheduling hearing was held last week — days before Hogan announced the end of the statewide lockdown — indicating it will move forward,” noted Politico.

In Ohio, Governor Mike DeWine’s (R) current stay-at-home order is the subject of a suit on behalf of gym owners who claim that the order unfairly singles them out while allowing other businesses to reopen. The day after the lawsuit was filed, DeWine announced that gyms would be allowed to reopen May 26, which could render the case moot.

In fact, the disposition of many of these cases may be cast into doubt as states lift their restrictions. But in states such as Michigan and California, where governors have shown little sign of voluntarily giving up power, the legal jousting is likely to continue.”


Link To Read Full Article @ Source