“The Governor, as Chief Executive Officer, cannot make up law as he goes along,” Story said in the brief. “He has no inherent authority within the constitutional framework of separation of powers to either add or detract from existing law. If he had chosen to invoke the existing 2019 ADH Rules, he could have instructed the Director to ‘take whatever steps necessary for the investigation and control of the disease, including ‘quarantine restrictions and regulations upon commerce and travel.’ The Governor, however, sought authority ‘over all instances of quarantine, isolation and restrictions on commerce and travel throughout the state.’ So, he simply assumed by mandate, power unauthorized by statute, knowing it would be almost a year before the legislature would be back in session and able to invoke, by concurrent resolution, an end to the Governor’s emergency declaration.”
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March 26, 2021 at 09:51AM
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Arkansas Supreme Court to hear COVID-19 directives case - KAIT
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