Oregon's COVID-19 Disaster

Documenting Governor Kate Brown's horrific handling of the COVID pandemic in Oregon.

Kentucky Does What Oregon Desperately Needs To Do - Limit Governor's Emergency Declaration Powers

The weapon of choice that Kate Brown has used to exert her control over Oregonians and destroy their businesses in the quest to "control" a virus is ORS 401.168. Unfortunately, the statute is very poorly written in that it does not provide a maximum duration for these emergency powers, so of course, Kate takes maximun advantage of these powers, and continually extends them two months at a time.

As has been demonstrated by Democrat governors around the country, these powers are easily abusable, and these governors will go to any length to maximize their personal power for as long as possible. Kate Brown is one of the worst examples of this, having extended her powers for this "emergency" now into the beginning of March. However, people in these states are sick of the tyranny, and have been moving to restrict the abuse of these powers.

The first to get smacked down was one of the worst, Michigan's Meg Whitmer. First, the Michigan State Supreme Court ruled that she overstepped her authority

The Michigan Supreme Court on Friday struck down months of orders by Gov. Gretchen Whitmer that were aimed at preventing the spread of the coronavirus, saying she illegally drew authority from a 1945 law that doesn’t apply.

The court said the law was an “unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution.”

The decision is an extraordinary development in a monthslong tug-of-war between Whitmer, a Democrat, and the Republicans who control the Legislature who have complained that they’ve been shut out of major orders that have restricted education, the economy and health care.

Justices Stephen Markman, Brian Zahra, Elizabeth Clement ruled, with David Viviano concurring in part, that the governor didn't have the authority to issue a state of emergency after April 30, 2020 under the Emergency Management Act (EMA).

The justices also ruled that the Emergency Powers of the Governors Act, the 1945 law, is unconstitutional "because purports to delegate the executive branch the legislative power of state government – including its plenary police powers.

And then after that, the Michigan Attorney General announcd that the office would not be enforcing the governor's executive orders through criminal prosecution

Michigan Gov. Gretchen Whitmer isn’t too happy nowadays. Days after the state’s Supreme Court ruled that she exceeded her authority with her numerous COVID-19 restrictions, the attorney general announced that they would no longer enforce Whitmer’s order. It is yet another blow to the governor’s efforts to keep her excessive rules in action and a victory for those who have grown weary of them.

“In light of the Supreme Court’s decision on Friday, the Attorney General will no longer enforce the governor’s executive orders through criminal prosecution,” said Ryan Jarvi, press secretary for the attorney general in a statement.

He continued, explaining that “her decision is not binding on other law enforcement agencies or state departments with independent enforcement authority.” He added, “It’s her fervent hope that people continue to abide by the measures that Governor Whitmer put in place—like wearing face masks, adhering to social distancing requirements and staying home when sick—since they’ve proven effective at saving lives.”

Despite no longer enforcing the restrictions, Attorney General Dana Nessel’s office still defended Whitmer’s orders. “If it weren’t for the governor’s actions, countless more of our friends, family, and neighbors would have been lost to COVID-19. We can respect both the court’s decision and the advice of medical experts by continuing with these important measures voluntarily,” they insisted.

The latest state to do something is similar is Kentucky, where the legislature has advanced two bills to limit his Kate Brown-style draconian overreach. Of course, as Kate-style governors are, he wasn't happy.

Kentucky Republican lawmakers ignored cries of overreach from their Democratic colleagues Friday and approved in committee two major bills challenging Gov. Andy Beshear’s emergency orders to curb the coronavirus pandemic.

The Senate State and Local Government Committee signed off on House Bill 1, which would allow businesses to stay open during an emergency if they comply with guidelines from the federal Centers for Disease Control and Prevention.

Meanwhile, the House State Government Committee approved Senate Bill 1, sponsored by Sen. Matt Castlen, R-Owensboro. It would limit the Democratic governor’s executive orders under a state of emergency to 30 days unless the legislature extended them. Both bills are expected to receive final approval in the chambers Saturday and be sent to the governor for his consideration. He pledged Friday to veto them, even though Republicans have the votes to override him.

If that happens, Beshear pledged to challenge their legality in court.

In committee Friday, Castlen said SB 1 “is not a partisan bill. It’s an institution bill.”

Under the proposal, an executive order that places restrictions on the functions of schools; colleges; private businesses; non-profits; political, social or religious gatherings; places of worship; or imposes mandatory quarantine or isolation requirements shall expire after 30 days unless it receives legislative approval.

To quote Dana Pico form Red State in her article, "here’s where I violently disagree. Neither the Governor nor the General Assembly should have any authority over religious meetings or churches, or anything which restricts the right of the people peaceably to assemble."

Amen.

Orders for other emergencies, such as floods and natural disasters, shall expire in 30 days unless an extension is requested by a chief executive officer of the legislative body of a local government.

Also, the bill removes the authority of the governor and secretary of state to change the manner of an election during an emergency. It gives that authority to the General Assembly.

This is what is desperately needed in Oregon, because as she has demonstrated repeatedly, Kate is drunk with power, and her ego would never let her admit that there might be options outside of her draconian use of powers to "control" COVID19.