Emergency Powers

Judge throws out lawsuit over virus restrictions

In September, a group of Republican state legislators filed a lawsuit against the state Health Department, challenging Gov. Asa Hutchinson’s authority to impose a face mask mandate and other restrictions to combat the COVID-19 pandemic.

The 18 lawmakers said such restrictions require Legislative approval

Arkansas’ response to the pandemic has been mild compared to some other states. There was no stay-at-home order issued, for example. But there are some rules the group objects to, such as the mask requirement and restrictions on restaurant capacity.

One of the 18 lawmakers, state Rep. Dan Sullivan, told The Associated Press back in September that the suit was funded by the Northeast Arkansas Tea Party and Reopen Arkansas, two groups opposed to the restrictions.

Hutchinson’s response was that his actions were legal under the governor’s emergency powers in the state constitution and by laws already passed by the Legislature.

And this week a judge agreed.

On Wednesday, Pulaski County Circuit Judge Wendell Griffin threw out the lawsuit, saying the governor was indeed within the law.

Governors, like presidents, have emergency powers for a reason. And responding quickly to a health crisis certainly falls within those powers.

Of course, there will probably be an appeal, but in our view Judge Griffen made the right call and his ruling will likely stand.