Lawmakers consider using power to end JBE's COVID-19 restrictions

Louisiana legislators have the right to overturn Gov. John Bel Edwards’ COVID-19 pandemic emergency declaration, but they can’t pick and choose which aspects they want to throw out, and the move might jeopardize federal funding, Edwards’ executive counsel says.

Republican lawmakers, who hold large majorities in both chambers, are considering using their authority to terminate Edwards’ “stay at home” order, which keeps some businesses closed and limits operations for others, citing the economic damage. Edwards announced this week he would extend his order, which would have expired after Thursday, for two additional weeks, though some tweaks would be made.

The Legislature, in consultation with the state’s public health authority, can with a petition signed by a majority of members terminate a state health emergency at any time. If they did so, they would effectively cancel every emergency measure Edwards has taken in response to the pandemic, including closing schools, prohibiting price gouging, and establishing emergency procurement rules to acquire personal protective equipment, among many others, Executive Counsel Matthew Block said in a memo to legislative leaders.

Rescinding the emergency order also could lead to a “crushing loss of federal funding,” Block said. The federal Stafford Act requires a state’s governor to certify that an emergency has overwhelmed state and local resources, so overriding that order could lead to the loss of FEMA funding, he said.

“We are further reviewing if the termination of an emergency declaration would jeopardize any funding through the CARES Act or SBA loans,” Block said. “That answer is not readily available as it is simply inconceivable that a state would not have an emergency declaration in place during such an event.”

Several state Republicans, including Rep. Blake Miguez and Sen. Sharon Hewitt, criticized the governor’s decision to extend the “stay at home” order statewide. Miguez and Hewitt chair the GOP delegations in their respective chambers.

Miguez says the delay in lifting the partial economic shutdown “will destroy jobs and ruin livelihoods,” and criticizes Edwards’ refusal (at least publicly) to consider a parish-by-parish or regional approach.

"The people of Louisiana have spent six weeks listening to the governor; now it's time he listens to them," Hewitt said. "This statewide shutdown is not sustainable, and the governor's extension will destroy jobs and ruin livelihoods."

Hewitt is launching a radio campaign to raise the visibility of a petition in support of a parish-by-parish approach that she says has garnered more than 15,000 signatures.

Though some national polls have found broad support for similar “stay at home” orders, The Center Square is not aware of a Louisiana-specific scientific poll on that specific subject. However, Public Policy Polling in early April found broad support for Edwards’ handling of the crisis in general.