Ok, guys, correct me where I am wrong:
Gov declares an emergency due to a medical event (covid). By LAW, these emergencies are limited to 28 days.
BUT
Since the Gov did not declare a “medical” emergency, the state supreme court says that it can go on indeterminately.
Is that the crux of the matter?
If so, that is some mighty fine hair splitting.
I read the whole decision (40+ pages). The judges reviewed the history of emergency declaration laws. The laws allowing open ended declarations existed before the 28 day limit, which is found in the constitution provision was enacted.
When the constitutional provision was put in place, it didn't usurp or limit the earlier emergency declarations found in law. The 28 day constitutional limit is connected to a declaration that gives the governor expanded powers beyond those found in the earlier laws. The governor didn't use the constitution's provision when she declared an emergency, so the 28 day limit doesn't apply.