From opinion columnist RJRobb : Though there are three distinct phases to Gov. Doug Ducey's COVID-19 response, only one went terribly wrong. Here's what we can learn from them.
Gov. Doug Ducey has become too comfortable ruling by decree during the COVID-19 pandemic, columnist Robert Robb says. Will the Legislature stop him?he had declared more than two years previously.
Individuals who have the disease, or who have been exposed, can be quarantined and ordered to obtain treatment and vaccinations. Health care resources can be surged and licensing restrictions suspended. There was no explicit authority for Ducey to do any of that in the state’s emergency powers laws. He did it anyway.The second was the opening up phase. In this phase, Ducey created conditions and timelines for businesses to resume operations.
From the beginning, Ducey claimed the authority to preempt the emergency responses of counties and cities. Counties and cities have statutory emergency powers independent of the state. There’s an argument for preemption when the state is acting. When the state isn’t acting, it’s a perversion to assert emergency authority to prevent others from acting.Much has been made of national statistics showing greater COVID-19 spread and deaths in Arizona compared to other states.
There are lessons to be learned. Ducey claimed the authority to rule by decree for over two years. The Legislature wants to get in on the act, requiring it to approve the continuation of an emergency declaration periodically. That’s an appropriate democratic check.and overhauled.