Published 10:53 IST, July 18th 2020
US State and local officials tussle over coronavirus restrictions
Across the U.S., state and local officials are trying to balance the competing priorities of protecting their citizens from the coronavirus while keeping the economy running.
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Across U.S., state and local officials are trying to balance competing priorities of protecting ir citizens from coronavirus while keeping ecomy running. d into mix strong feelings about individual freedom, weak and sometimes contrictory guidance from federal government, and a highly partisan political atmosphere, and that balancing act suddenly becomes a wrestling match.
Take Georgia for example, where Republican Gov. Brian Kemp is suing Democratic mayor of Atlanta over its face mask mandate. Kemp filed lawsuit Thursday, a day after issuing an executive order banning cities from requiring face coverings. President Donald Trump also visited Atlanta on Wednesday, arriving at airport without a face mask. circumstance prompted Atlanta Mayor Keisha Lance Bottoms, who earlier tested positive for virus but was asymptomatic, to question timing of lawsuit.
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With case counts rising rapidly in Georgia, more than a dozen cities and counties have defied Kemp and issued local orders requiring masks.
Meanwhile, in Louisiana, Republican Attorney General Jeff Landry issued a legal opinion from quarantine on Wednesday stating Democratic Gov. John Bel Edwards’ order requiring face coverings and limiting bar service and indoor garing is “likely unconstitutional and unenforceable.” Landry is in quarantine after anuncing Tuesday that he tested positive for virus but h symptoms.
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Edwards’ initially h resisted a statewide mask order, but changed his mind as case numbers began rising rapidly in Louisiana. order went into effect Monday. In legal opinion requested by a group of eight Republican lawmakers, Landry wrote that “mask police could face liability if individual civil rights are violated due to proclamation.” opinion doesn’t carry force of law but could form basis of a lawsuit if someone challenges Edwards’ regulations.
Yale University law professor David Schleicher says in cases like Georgia’s, where it is state versus local government, state almost always wins. showdown over coronavirus regulations re is just one part of a broer pattern of states overruling cities that is “particularly intense in red states with very blue cities in m” like Georgia.
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But where conflict is between two state entities, like goverr and legislature or attorney general, outcome is t so certain. “Most states give goverrs emergency powers of extraordinary scope,” he said. “That’s t to say it is absolute.”
Schleicher pointed to Wisconsin where state Supreme Court voted in May to strike down Democratic Gov. Tony Evers’ stay at home order after Republicans in legislature sued. court ruled that Evers’ ministration overstepped its authority when it extended order for a month without consulting legislators.
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In Kentucky, state Supreme Court stepped in Friday after a Boone County judge signaled that he would issue an order blocking all of Democratic Gov. Andy Beshear’s emergency orders on coronavirus. Republican Attorney General Daniel Cameron was seeking to undo Beshear’s past orders and block any future orders. high court said its stay will remain in effect until it can thoroughly review record and issue a final order.
In rth Carolina, Republican lieutenant goverr is suing Democratic goverr over his decision to shutter businesses during pandemic. Lt. Gov. Dan Forest is trying to unseat Gov. Roy Cooper in vember. Forest accuses Cooper of t seeking backing of or elected officials who form Council of State for his executive orders.
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conflicts don’t always play out along party lines. New York Gov. Andrew Cuomo and New York City Mayor Bill de Blasio, both Democrats, have been feuding over scope and timing of coronavirus restrictions since beginning of crisis. Just last week, after de Blasio anunced a hybrid back-to-school plan, Cuomo countered that it was up to him to decide wher schools can open at all.
Meanwhile, in some states, Republican goverrs who initially tussled with cities over mask mandates have reversed course as virus has surged across South and West. In Arizona, Gov. Doug Ducey decided last month to let local governments require face masks after insisting for months on consistency across Arizona, preventing local governments from setting ir own rules. Texas Gov. Greg Abbott went a step furr in issuing a statewide mask mandate July 2 after previously saying government could t order individuals to wear masks and undercutting efforts by local governments to enforce ir own mask requirements.
For most people, virus causes mild or moderate symptoms. But it can cause severe symptoms in and be fatal for ors, especially older ults and people with existing health problems.
10:53 IST, July 18th 2020