New York Legislature Strikes Deal to Limit Cuomo's Emergency Powers

The Assembly Speaker said the "temporary emergency powers were granted as New York was devastated by a virus we knew nothing about. Now it is time for our government to return to regular order."

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On the one year anniversary of the first COVID case in New York, the state legislature has struck a deal to limit Governor Cuomo's emergency powers. The Times Union has a thorough report:

The agreement among Democrats on Tuesday will prohibit the governor from unilaterally issuing new executive orders related to the pandemic without legislative review. He will retain the ability to tweak or renew existing orders relating to slowing the spread of COVID-19, including the state's mask mandate or business restrictions. For instance, Cuomo could still order restaurant capacity limits to change. If the orders are not renewed, they would expire in 30 days.

A statute passed in 1979 empowered the governor to "temporarily suspend any statute, local law, ordinance, or orders, rules or regulations, or parts thereof" for a period of 30 days. But as the coronavirus pandemic took hold, the Legislature in early March gave Cuomo the ability to "issue any directive … necessary to cope with the disaster."

Cuomo has used the authority to issue nearly 100 executive orders since March 7, 2020, when his first pandemic-related order was issued. The governor also has issued more than 500 directives, modifications or suspensions of state regulations.

Cuomo has used the authority to issue nearly 100 executive orders since March 7, 2020, when his first pandemic-related order was issued. The governor also has issued more than 500 directives, modifications or suspensions of state regulations.

"I think everyone understands where we were back in March and where we are now. We certainly see the need for a quick response but also want to move toward a system of increased oversight, and review," said state Senate Majority Leader Andrea Stewart-Cousins. "The public deserves to have checks and balances. Our proposal would create a system with increased input while at the same time ensuring New Yorkers continue to be protected."

A vote on the measure is expected Friday, a Senate source said.

Assembly Speaker Carl E. Heastie said the "temporary emergency powers were granted as New York was devastated by a virus we knew nothing about. Now it is time for our government to return to regular order."

The separation of powers should be a bipartisan issue. State legislatures should design methods to constrain emergency executive powers.

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  1. Well, does it really matter? Its not like the NY Legislature is much more intelligent or saner than Cuomo anyway.

  2. State legislatures should design methods to constrain emergency executive powers.

    But they did … A statute passed in 1979 empowered the governor to “temporarily suspend any statute, local law, ordinance, or orders, rules or regulations, or parts thereof” for a period of 30 days.

    And then caved … But as the coronavirus pandemic took hold, the Legislature in early March gave Cuomo the ability to “issue any directive … necessary to cope with the disaster.”

    This particular change doesn’t sound like they have any more spine than they did before.

  3. Its been six weeks since Biden officially took office. Guess it is time to cancel the pandemic.

    1. The tech billionaire media are milking the shutdown with the scariants. The world GDP dropped $4 trillion, causing millions of starvation deaths. The billionaire oligarch wealth increased by $1.3 trillion in the US. If you count the Chinese Commies, the wealth of the billionaire oligarchs went up $3.9 triilion in 2020.

      Their assets should be seized in civil forfeiture for the billions of crimes committed on their platforms, and the millions of crimes they committed themselves by overstating viewerships.

  4. “Israel was swift like a gazelle, and is now slain upon her proud hills! How are the mighty fallen!” [2 Samuel 1:19, Lamsa translation from the Aramaic]

    Just a thought.

    1. In the future, please feel free to keep your thoughts to yourself. I understand that you might be proud of having a thought, since I’d imagine that’s not an everday occurrence, but still. (At a minimum, please feel free to share only the coherent ones.)

      1. At a minimum, please feel free to share only the coherent ones.

        The thought…that Cuomo, who was recently being hailed Dems and the press as a great leader, is rapidly becoming the object of potentially political career-ending criticism by those same groups…was perfectly coherent, not to mention obvious. Your inability to recognize it is an indication of cognitive limitation on your part, not anyone else’s.

        1. Wut? How did you get that from what mydisplayname said???

          1. Wut? How did you get that from what mydisplayname said???

            How did you manage to NOT get that from “How are the mighty fallen!”, which was the operative part of the passage he cited?

    2. Here’s the whole chapter — it makes more sense: https://www.kingjamesbibleonline.org/2-Samuel-Chapter-1/

  5. Well past due, but far too weak.

    That jackass has been “tweaking” and extending orders as an absolute ruler.

    And he has been losing in court. For some reason, he thought the virus could come out to play at 10 PM (mandatory restaurant and bar closing times); that has since been changed to 11 PM. But a court ruled that was no good, and ONLY the bars and restaurants that sued Cuomo get to stay open till 4 AM. Why this does not apply to ALL bars and restaurants in NY is a mystery.

    And the jackass FIGHTS against this, absent all reason.

    My only hope is that his #metoo problems force him to resign. Because “Granny Killer” handled the virus SO FRIGGING WELL.

    At least he got an Emmy out of it.

    1. Yes, he can kill thousands with impunity, but is in trouble for fondling three….

      1. The hyenas are ganging up on him. The left never quits on one of their own, yet it looks like he’s going down via an attack on his left flank. He must have made some powerful enemies inside his own camp.

        1. Since Trump is gone, no need to sublate a parade of horrids anymore for that goal, and we can return to internecine fighting.

          No need to cover up tens of thousands of needless deaths.

          No need for sob stories of those upset a war criminal was hit with a missile because Trump did it.

          And the conservative Ever-Trumpers side, too. No need for apologiletics for his McCaine statement. No need to rip on the poem on the Statue of Liberty. No need to defend the Saudi Prince because of Trump’s weak response.

          1. Leftist have, and often do, worse things than Cuomo did (i.e. kill tons of people and sexually assault women like Biden was accused of), and they circle the wagons, even when it’s blue on blue. Naw, he made enemies. This is Federalist 10 and 51 material in action, “ambition opposing ambition.”

  6. The Dem Gov lockdown was the biggest mistake in human history. It killed millions, and made the world billionaires $3.9 trillion. The lockdown is not just the biggest mistake. It is the biggest mass murder and biggest crime in history. Naturally, these Dem Govs are lawyers.

    1. I still claim the FDA, by slowing development, killed more over the decades, prioritizing the horrors of a handful of deaths due to too-soon drugs over the hundreds of millions who die because medical science is behind where it otherwise would be.

      But along those lines, general business-unfriendly practices are worse, and dictatorships and corruption in nominal democracies, which keep billions in pathetic, unproductive economies, are worse still, for the same reason.

  7. This guy murders 20,000 nursing home residents, and now people are calling for him to resign over harassment/hitting on women while ignoring all of the worse things.

    It’s almost quite convenient for him to be having a potentially survivable #MeToo distraction scandal right now.

    1. In Guardians of the Galaxy 2, Yando is seen belting himself up after implied sex with a prostitute. A robot prostitute. So that’s ok, because he was scheduled for redemption. Who cares if he kidnapped a kid or murders hundreds in a fun action scene.

      Full cancellation depends on what politicians of the moment have their followers’ attentions focused on.

  8. I was always amazed that people called Trump an authoritarian. Democrat Governors and Mayors took authoritarian measures with glee.

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