Do your worst?

That’s not what lawmakers should do

LIKE THE old spies who used to study Kremlinology—looking for a missing person on the balcony, or a grin from a particular apparatchik—there are those of us who study the governor’s press conferences, even before he speaks. If he bounces to the podium and grins at Eddie, then the news may be good. If he’s more solemn, we may see another four-figure increase in covid cases.

We try to guess. These days we find entertainment where we can.

We noticed last week when Gov. Asa Hutchinson led his near-daily presser with a statement about the lawsuit against his Department of Health—filed by some lawmakers, of all people—the man didn’t look pleased. Asa Hutchinson rarely seems angry, but his teeth may have been clenched just a little:

“Let me start by addressing the fact that Rep. Dan Sullivan and a few other legislators have filed a lawsuit challenging the executive authority to deal with the current emergency that we have,” he started, talking quickly. “And I think it goes without saying that this is really not an attack on the Department of Health but is an attack on the broad executive authority that I as governor have acted under during this emergency.

“And [these] actions I have taken during the emergency are based upon what has been approved by the Arkansas General Assembly that gives the authority for a governor, a chief executive, to manage an emergency and to act quickly because it is that type of urgent situation. At least seven of the legislators that are named in the suit were on the legislative council at the time the rule was approved which allows the Department of Health to issue the directives that are in question today.”

They approved those ruled in 2018.

“The argument of the legislators is: They consider the Department of Health guidelines and directives as rules that the General Assembly should review, should change, should rewrite, should allow, or disallow. And I don’t know of—even though my great respect for the General Assembly; they bring a great deal of expertise—I don’t know any of them who are as qualified in public health matters as are epidemiologists and our public health leaders at Department of Health . . . . ”

Do we really want lawmakers debating how many people should be allowed at the Salt Bowl? Are filibusters and debates really the quickest way to make decisions during an emergency? The governor implied no. Or at least we inferred as much.

The governor said he’s responsible to the people of Arkansas. But, and there’s always a but:

“But the legislators have power to end the emergency if they chose to do so.”

They could do it by resolution, Gov. Hutchinson said. But then telemedicine ends, liability protection ends, virtual education ends. We wonder if the lawmakers who filed this suit understood what they were doing, besides getting a little press and some clippings for the next election.

So, is this Asa Hutchinson’s way to say: Do Your Worst?

Not in our view. It’s his way of saying, Don’t Do Your Worst. The executive will handle executive matters.

And emergency orders are not something that should sit in committee.