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Gov. Little signs Executive Order repealing McGeachin's anti-mask mandate order

Posted at 11:09 AM, May 28, 2021
and last updated 2021-05-28 18:58:55-04

BOISE, Idaho — Gov. Brad Little announced Friday he issued an Executive Order repealing Lt. Gov. McGeachin's order banning mask mandates in government entities, including school districts. The new order restores local control and returns Idaho law to what it was before 11 a.m. on Thursday.

Related: McGeachin signs executive order banning mask mandates

Gov. Little was in Nashville for the Republican Governor's Association Conference and returned to Idaho around 9 p.m. Thursday. He was not made aware of McGeachin's order ahead of time, according to his office.

Little provided the following statement:

My fellow Idahoans.

We could talk ‘til we’re blue in the face about masks and whether they work – whether mask mandates work – but I think the people of Idaho are tired of hearing about it.

With the roll out of the COVID-19 vaccine and steady declines in case counts and hospitalizations, masks are, thankfully, becoming a thing of the past.

For the record, though, I have opposed a statewide mask mandate all along because I don’t think top-down mandates change behavior the way personal choice does.

But, as your Governor, when it came to masks, I also didn’t undermine separately elected officials who, under Idaho law, are given authorities to take measures they believe will protect the health and safety of the people they serve.

An executive order that was issued while I was out of state this week runs contrary to a basic conservative principle – the government closest to the people governs best.

The executive order unilaterally and unlawfully takes away authorities given to the state’s mayors, local school board trustees, and others.

Just like the states begrudge federal government mandates, local governments in Idaho resent the state doing the same thing.

The executive order usurps legislative powers. It replicates a bill that was debated considerably in the Legislature but failed, making law with the stroke of a pen.

The action that took place while I was traveling this week is not gubernatorial.

The action that took place was an irresponsible, self-serving political stunt.

Taking the earliest opportunity to act solitarily on a highly politicized, polarizing issue without conferring with local jurisdictions, legislators, and the sitting Governor is, simply put, an abuse of power.

This kind of over-the-top executive action amounts to tyranny – something we all oppose.

How ironic that the action comes from a person who has groused about tyranny, executive overreach, and balance of power for months.

Furthermore, the executive order presents some pretty alarming consequences. For example, we would not be able to require safety measures for social workers visiting homes of at-risk individuals, or workers in our state testing lab, or employees at congregate facilities that are particularly vulnerable to outbreaks of infectious disease, threatening loss of life and added strain on the health care system we all depend on.

The executive order also conflicts with other laws on the books.

This is why you do your homework, Lt. Governor.

Let me offer some advice as Idaho’s duly elected Governor – governing in a silo is NOT governing.

I am always reluctant to engage in political ploys, especially when I have been steadfast in meeting the simultaneous goals of protecting both lives and livelihoods.

I do not like petty politics. I do not like political stunts over the rule of law.

However, the significant consequences of the Lt. Governor’s flimsy executive order require me to clean up a mess.

With my own executive order today, I will be returning Idaho law to what it was before 11 a.m. on Thursday.

To the people of Idaho, I want to thank you once again, as I have many times throughout the pandemic, for protecting your loved ones and getting us through some of the darkest months of our state’s history.

As your Governor, I have worked hard to protect lives and critical health care capacity for the entire state while keeping families safe and businesses and schools open.

Every decision has been a balancing act, and I do believe we achieved a balance. We managed to prevent a crisis in our hospitals, and we have kept our state open longer than almost every other state.

Idaho has the strongest economy in the nation and the most financially solvent state budget. With our record budget surplus, we provided Idahoans historic tax relief and made strategic investments in Building Idaho’s Future for our roads, schools, broadband, and other critical areas.

Few states can claim that kind of success.

It is an honor for me to serve as your Governor, and I remain committed to working responsibly to achieve our shared goal of making Idaho the place where our children and grandchildren choose to stay.

Lt. Gov. McGeachin posted a statement on social media regarding the new Executive Order. In the statement, she said, "today, Gov. Little chose to revoke your personal freedom by rescinding my order and imposing mandates on thousands of Idaho children, rejecting the conservative solutions embraced by leaders like Gov. Abbott in Texas and Gov. DeSantis in Florida."

Read her full statement below:

The Associated Press reports McGeachin is a member of the far-right who has worked to undermine Little's handling of the coronavirus pandemic. She announced her run for governor last week.

Her Executive Order is seen as a political move in her effort to take Little's job and she's already using it in fundraising efforts, according to the Associated Press.

Idaho Deputy Attorney General Brian Kane responded to an Idaho State Senator's questions about McGeachin's executive order. According to Kane, the order was likely unconstitutional because it had the effect of creating law through executive order and violates the separation of powers between the executive and legislative branches.