Checking the guv on 'emergency' powers

Monday, September 28, 2020
 | 
Chris Woodward (OneNewsNow.com)

Gov. Tate Reeves (R - Mississippi)An attorney in Mississippi is suing his state's Republican governor in federal court over the governor's COVID-19 orders.

"We're seeking declaratory judgments from the federal court that the executive orders that the governor has issued are unconstitutional," says Batesville-based attorney Michael Herrin. "They're too broad and they take too many of our rights without basis."

OneNewsNow reached out to Mississippi Governor Tate Reeves (pictured) but did not hear back by press time. However, the governor has long argued that his orders – which involve everything from closings to restrictions and mask policies – are meant to combat the spread of COVID-19. Still, Herrin argues the orders violate the First Amendment, the Fifth Amendment, and the Fourteenth Amendment.

"I'm not one of those people who is saying that COVID doesn't exist or the numbers are inflated," Herrin continues. "Whether I do or don't, I'm just strictly going by the numbers the governor is using – and those numbers say that 87% of the people who get this virus don't require any hospitalization; and right now, only 8% of our hospital beds are occupied by COVID patients [while] only 16% of our ICU beds are occupied by COVID patients.

"So, there is no need to 'flatten the curve' [because] the curve has been as flat as a pancake for a long time now."

Herrin ensures OneNewsNow that this isn't a personal attack on Governor Reeves.

"I have to sue Governor Reeves because he is the authority of this issue," the attorney elaborates. "Mississippi has an Emergency Management and Civil Defense Act that gives the governor basically unlimited, unchecked power to manage an emergency like a hurricane or a flood. [It's] just in this case, this so-called 'emergency' has gone on for more than six months … and there's no check and balance on Governor Reeves."

As for when the case might be heard in court, Herrin hopes to be in front of a judge in 60 days.

The lawsuit is filed in the United States District Court for the Northern District of Mississippi. (See related article)

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