Friday, March 29, 2024
Hawai'i Free Press

Current Articles | Archives

Sunday, October 18, 2020
Circuit Court Decision Upholds Lawfulness of Governor’s Emergency Proclamations
By News Release @ 4:24 PM :: 3027 Views :: Hawaii State Government, Law Enforcement, COVID-19

Circuit Court Decision Upholds Lawfulness of Governor’s Emergency Proclamations

News Release from Office of the Attorney General, October 16, 2020

HONOLULU – Circuit Court Judge Wendy M. DeWeese has dismissed a legal challenge to the Governor’s COVID-19 emergency proclamations. In Partal et al. v. Ige et al., the plaintiffs argued that the Governor’s emergency powers under Hawaiʻi law were time-limited. In particular, the plaintiffs argued that emergency proclamations issued by the Governor could not be renewed or reissued after an initial 60-day period had elapsed—even if an emergency situation, such as the COVID-19 pandemic, continued beyond that time period.

In dismissing the plaintiffs’ complaint, the court reaffirmed that the Governor may lawfully issue successive proclamations to respond to the evolving emergency situation. In a written order entered on October 15, the court explained that the purpose of Hawaiʻi’s emergency-powers statute “is to confer comprehensive powers to protect the public and save lives.” The court further explained—based on the text and purpose of the statute—that Hawaiʻi law does not bar the Governor from issuing supplementary emergency proclamations when necessary.

Attorney General Clare E. Connors issued the following statement: “This decision sends an important message at an important time—the Governor’s emergency proclamations are lawful. By continuing to follow these rules, all residents and visitors protect each other and promote public health during this pandemic crisis.”

A copy of the court’s order can be found here.

---30---  

NLR: When Governors Bite Back: Circuit Court Upholds Hawaii Governor’s Emergency Powers

Background: COVID: Court Upholds Ige Emergency Order Authority Beyond 60 Days

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT