Editorial: If legislators get power over 'emergency powers,' no time for petty politics

It is an understatement to say Gov. Tom Wolf’s coronavirus pandemic response has not been universally popular.

While some point to the administration’s restrictions on gatherings, early shutdowns of businesses and schools, mask mandates and other measures as important steps to limit the spread of covid-19, there are plenty of people on the other side of the issue.

There are the people such as Kimberly Waigand, owner of Crack’d Egg in Brentwood, who has fought the masking orders and restaurant capacity limits in her dining room and in court.

There are the people who have protested from Pittsburgh to Harrisburg, calling on the governor to put the state back to business as usual, despite positive cases that have grown steadily since March .

There are the legislators who have balked at being shut out of the process as executive action trumped lawmakers’ involvement.

A group of plaintiffs, including Butler County, sued Wolf in federal court, calling his actions unconstitutional. In September, U.S. District Judge William Stickman agreed. The state appealed to the 3rd U.S. Circuit Court, which on Oct. 1 accepted Wolf’s request to stay Stickman’s decision while the case is pending.

From there, it gets complicated. This is not one case working its way from the lowest level up through appeals to a final authority. Multiple courts and various authorities are involved simultaneously in cases all centered around the question of how far gubernatorial power stretches.

But they can just weigh in on the law as it is written. The only thing that changes it is a change in the state constitution. That is on the table.

Both the state House of Representatives and Senate have voted in two consecutive sessions, as required, to approve a proposed amendment that would allow a governor to take emergency disaster actions via declaration — but that will last for only three weeks. After that, the Legislature will have to approve extensions.

Now the move will go in front of the voters, who will have to weigh in by referendum whether to change the constitution. That’s important. The people always should be the ultimate authority when changing the very DNA of the government.

But whether the people vote the change up or down, the executive and the legislative branch need to figure out how to work together. If the amendment changes, that cooperation is going to have to happen fast and efficiently. Does that sound like something Harrisburg can do?

In the event of a disaster, there is no time for politics. There is only what is needed and how to accomplish it.

The Legislature and multiple governors of both parties have spent years acting like children fighting over who has more room in the back seat of the station wagon, wailing about the unfairness of one side over the other. We have seen literal screaming matches on the floor of the Senate. We have gone far too long without agreed-upon budgets. We have begun to accept this kindergarten free-for-all as normal.

That cannot happen in a flood that swamps roads and cuts off rural areas, or an ice storm that knocks down trees and power lines for weeks. There are too many disasters that could happen that cannot wait for “leaders” to grow up and decide to really lead.