Many are asking how long states of emergency can continue to be
renewed, and whether such extended renewals are permissible or
valid. Given the lack of comparable precedent, there is some
uncertainty around the issue. Expectations are that while some
courts are likely to defer to the use of extraordinary executive
power, not all will and there may be strong arguments for a
curtailing of things like pricing restrictions.
Several states have maintained
price gouging restrictions in effect despite other COVID-19
related restrictions, such as physical distancing limitations on
restaurants and other businesses, being lifted. It would not be
unprecedented for states to keep such individual restrictions in
effect for months to come.
