How Can State Legislatures Curtail Governors’ Shutdown Powers?

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In an effort to contain COVID-19, many governors have used emergency powers to limit business activity, social gatherings, and mobility. Without action by state legislators these emergency powers will remain in place. Further economic damage and constitutional concerns can be allayed by replacing vague statutory language with clear parameters for emergency powers. Such powers should expire without affirmative legislative renewal, and targeted litigation may be required to ensure governors adhere to statutory limitations. Join us for a panel discussion on how legislators can navigate these legal waters.

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