Most states have quarantine statutes specifically written to deal with epidemics, and they include due process guarantees including the right to a hearing and even the right to appointed counsel.
I volunteered to be on the appointed counsel list here in Texas. But the Texas quarantine statute has, as far as I can tell, never been invoked during the Covid epidemic.
Instead, as far as I can tell, governors and local executives have simply circumvented those laws and the protections contained in those laws by invoking broad, unchecked powers contained emergency or disaster response statutes. And, in most states whose laws I have read, the governor can keep those powers indefinitely, and they can only be cut off by an affirmative action of the legislature (which the governor can veto).
Emergency powers laws desperately need to be reformed. Legislatures need to amend them to narrow their scope and to impose an automatic expiration date on any emergency executive powers. Governors should have to go to the legislature to extend their powers.
It has been almost 4 months now. This is no longer an “emergency” warranting unilateral executive action. If laws need to be passed, there has been plenty of time for state legislatures to have been called into emergency session. At this point, any “emergency” powers are just dictatorial powers.
[Emergency powers laws desperately need to be reformed. Legislatures need to amend them to narrow their scope and to impose an automatic expiration date on any emergency executive powers. Governors should have to go to the legislature to extend their powers.
It has been almost 4 months now. This is no longer an “emergency” warranting unilateral executive action. If laws need to be passed, there has been plenty of time for state legislatures to have been called into emergency session. At this point, any “emergency” powers are just dictatorial powers.]