INTRODUCTION & METHODS score denotes the most stringent > Kansas and South Carolina con- executive powers, allowing for tinue to outperform the rest of the As described in the first edi- the greatest accountability from country because, in both states, the tion of this 50-state emergency the people’s branch, the legisla- governor must earn legislative ap- powers scorecard,[1] states were ture. [...] (and resulting legislative or judi- the process of initiating a state cial action) during the pandemic of emergency and time limita- > Vermont earned the lowest score helped determine a more exact tions on emergency declarations of all states again in part because it interpretation of various state were weighted double in relation allows certain emergency executive laws, the purpose of this score-. [...] comparison related to the extent official termination, and the abili- ty of the governor to alter statute > Only one state (Louisiana) allows of legislative oversight of the ex- emergencies to be terminated with a ecutive branch in times of emer- or regulations during an emer-gency. [...] Lee (D-Auburn) would require the governor to be “in direct consultation with the Legislative Council,” in order to exercise emergency powers, and also require her to “nar- rowly tailor such actions” to address the emergency “while limiting the extent to which they deviate from the actions that would be permissible in the absence of a declared emergency.” Lee’s bill would also give Maine Superior C. [...] Lawmakers in Maine and around the US should review their chief executive’s powers under emergen- cy declarations, and the extent to which the legislature may balance those powers, especially in cir- cumstances where amorphous threats allow for prolonged declarations of an “emergency.” Review the status of emergency powers laws in all 50 states in 2023 via the map and below.
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