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

As mentioned in our previous post, the legality of state Governors' emergency powers have come under scrutiny during the pandemic. Michigan's Supreme Court, for example, recently struck down Governor Gretchen Whitmer's emergency powers. The Hawaii Circuit Court, however, recently dismissed a legal challenge to Hawaii Governor David Ige's emergency powers. In response to the victory, Hawaii Attorney General Clare Connors stated "[t]his 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."

The lawsuit alleged that Governor Ige's powers were time-limited, lapsing after the initial 60-day period following the declared state of emergency. Plaintiffs argued that the Governor's supplemental emergency proclamations were facially invalid, and invalid as applied to Plaintiffs.