Gov. John Bel Edwards and the state legislature remain at loggerheads over the executive branch’s broad authority to issue regulations and orders to deal with health emergencies such as the coronavirus pandemic.
This week Edwards vetoed House Bill 4, a compromise that came out of the recently concluded special legislative session. The legislation would have formally given state lawmakers the power to consult with the governor and adjust mitigation measures after an emergency order is in place for 30 days.
Edwards’ veto comes a week after Republicans in the state’s House of Representatives signed a petition that expressly terminated Edwards’ coronavirus Oct. 8 directives dealing with mask wearing, gathering sizes and business occupancy limits. The petition was issued based on the provisions of a law relating to health emergencies that was enacted more than a decade ago, though it’s uncertain whether the law would survive a court challenge.
In a letter explaining his reasons for vetoing HB 4, Edwards said the bill was not a reasonable approach to managing an emergency.
“Most problematic, this bill would call for legislative members to vote on each mitigation measure taken in response to this emergency,” the governor said. “I have said repeatedly that an emergency cannot be managed by committee, and that is exactly what the bill would allow.”
The Pelican Institute for Public Policy has urged the state to put in place more checks on the unilateral powers now wielded by the executive branch during emergencies such as the coronavirus pandemic. The institute recently issued several recommendations to fix the process.
“The initial draft of HB 4 reflected one of those solutions, as did several other bills filed,” Daniel Erspamer, the institute’s CEO, told the Louisiana Record in an email. “... While we believe the legislation could and should be far stronger, we called on Gov. Edwards to sign the bill as a step toward bringing good government checks and balances to the system.”
The lawmakers’ decision to move forward with a petition to end the health emergency is understandable, according to Erspamer, since their constituents want the state to reopen as quickly and safely as possible.
“The petition is a ‘nuclear option,’ to be sure, but the governor left precious few options on the table with his veto pen, and now the decisions will rest largely with the judiciary,” he said. “It would be far better for the governor to come to the table and work with legislators on a structural change and a near-term consensus policy. Unfortunately, based on his words and actions, that doesn’t seem to be in the cards.”
The Republican lawmakers’ petition acknowledges that Edwards’ measures during the onset of the pandemic were needed to protect public health in Louisiana. But the lawmakers also noted in their petition that the current restrictive measures were putting more businesses in danger of going under and leading to feelings of isolation that endanger mental health.
In addition, the state’s medical supply chain has recovered and can meet the challenges of the pandemic in terms of providing adequate medical equipment and supplies, the petition says.
Despite his veto of HB 4, Edwards has pledged to work cooperatively with lawmakers about future emergency orders.
“I will continue to work and consult with you and the legislative leadership and will seriously consider any recommendations that would allow for the state to maintain the critical, lifesaving progress we have made,” he said in his veto letter to House Speaker Clay Schexnayder.