Skip to content
Search

Latest Stories

Top Stories

The 8 states where the pandemic has shifted the balance of power

balance of power
101cats/Getty Images

Over the past year, states have issued hundreds of rule changes in response to the coronavirus pandemic, covering issues from public health and safety to business protocols to election procedures.

But one consequence of some of these emergency orders has been a shift in the balance of power at the state level. Ballotpedia reported Thursday that eight states have seen the governor's authority weakened by Covid-related legislation.


Governors generally have the authority to declare a state of emergency in cases of natural disasters, disease epidemics and other threats to public health. And in the early days of the pandemic, nearly all states issued lockdown or stay-at-home orders.

But in the months following, some states saw conflict between the executive and legislative branches on how to proceed with the orders. Lawmakers introduced hundreds of bills to limit gubernatorial emergency powers, and ultimately 10 were enacted in eight states.

Surprisingly, in most of those eight states, the same political party controlled the governorship and the legislature. Three were run by Republicans: Arkansas, Ohio and Utah. Two were Democratic: Colorado and New York. And the remaining three have Democratic governors and Republican-majority legislatures: Kansas, Kentucky and Pennsylvania.

Here is a rundown of how these eight states have placed new limits on the governor's emergency powers authority:

Sign up for The Fulcrum newsletter

Arkansas

Last month, the Legislature passed and Gov. Asa Hutchinson signed legislation that limits statewide emergency declarations to 60 days unless extended by the governor. The new law also allows lawmakers to block any state of emergency extensions made by the governor.

Colorado

Last summer, the General Assembly passed and Gov. Jared Polis signed a bill that requires the governor to communicate with and provide information to state lawmakers following an emergency declaration.

Kansas

Two new laws regarding emergency powers have been enacted in the last year in Kansas. The first, approved last summer, extended the coronavirus state of emergency, while banning Gov. Laura Kelly from declaring any new states of emergency in 2020 without first receiving approval from the state finance council. The law also limits how long the governor can close businesses and terminates emergency proclamations after 15 days unless extended by the Legislature.

The second measure also extended Kansas's state of emergency, while further limiting the governor's emergency powers. It allows anyone burdened by executive order, school board policy or county health directive to file a civil action in court, which must be heard within 72 hours. The law also empowers the Legislative Coordinating Council to override gubernatorial executive orders.

Kentucky

In February, the Republican-majority General Assembly enacted two new restrictive bills by voting to override Democatic Gov. Andy Beshear's vetoes. The first law limits a governor's emergency orders to 30 days unless extended by the legislature. It also requires the governor to receive approval from the attorney general before suspending a statute via executive order during an emergency.

The second law grants legislative committees more oversight of the governor's emergency regulations and requires public input for some orders.

New York

Last month, the Legislature and Gov. Andrew Cuomo approved a new law that repeals a provision of a law passed last year that extended the governor's executive order powers during a pandemic. The new law also allows the Legislature to revoke any executive order through concurrent resolution. It also requires the governor to create a searchable website that tracks all executive actions made during a pandemic.

Ohio

The Legislature voted last month to override Gov. Mike DeWine's veto of a bill that restricts the governor's authority over public health orders. The new measure allows the Legislature to cancel public health orders after 30 days and requires the governor to renew such orders every 60 days. It also establishes a legislative panel overseeing the governor's public health orders.

Pennsylvania

Last summer, the Pennsylvania General Assembly enacted a law prohibiting the governor from directing agencies to ignore public records requests during states of emergency. At the time, Democratic Gov. Tom Wolf said he disagreed with the bill, but would "err on the side of transparency" and allow it to become law without his signature.

A constitutional amendment related to emergency declarations was also certified for the May 18 ballot. If approved by voters, the amendment would limit the governor's emergency declarations to 21 days unless the legislature extends them. It would also allow the General Assembly to pass a resolution, without needing the governor's signature, to extend or terminate an executive order during an emergency.

Utah

Last summer, the Legislature and Gov. Gary Herbert approved a measure that requires the governor to notify the legislative pandemic response team within 24 hours of taking any executive actions in response to a public health crisis, unless there is imminent threat to life or property. The law also allows the Legislature to issue a joint resolution to block any pandemic executive actions.

Read More

Project 2025: Anti-Abortion Blueprint Quietly Taking Hold

A stethoscope and gavel.

Getty Images, ATU Images

Project 2025: Anti-Abortion Blueprint Quietly Taking Hold

Last spring and summer, The Fulcrum published a 30-part series on Project 2025. Now that Donald Trump’s second term has started, Part 2 of the series has commenced.

While the national spotlight often falls on state-level abortion bans or Supreme Court rulings, a quieter but more transformative effort is underway in Washington. In his second term, President Donald Trump is not simply revisiting past culture war battles—he’s enacting a structural overhaul of federal reproductive health policy, rooted in a sweeping plan known as Project 2025.

Keep ReadingShow less
Chicago Head Start Programs Face Uncertainty After Regional Office Closure

Morning drop-off at the Carole Robertson Center for Learning.

Claire Murphy

Chicago Head Start Programs Face Uncertainty After Regional Office Closure

ALBANY PARK – The laughter of preschool children permeates the hallways of the Carole Robertson Center for Learning on a sunny Thursday morning in Albany Park.

Teachers line their students up outside classrooms, counting names off one by one. Children congregate by their playmats and colorful rugs, about to be served breakfast.

Keep ReadingShow less
Treasury Secretary Bessent Foreshadows Trade Deals With Major Economic Partners

US Treasury Secretary Scott Bessent talks with Rep. Chuck Edwards, R-NC, after testifying in front of the House Appropriations Committee May 6, 2025.

Athan Yanos/MNS.

Treasury Secretary Bessent Foreshadows Trade Deals With Major Economic Partners

WASHINGTON – Treasury Secretary Scott Bessent attempted to reassure Americans about the state of the U.S. economy, despite President Donald Trump’s major economic changes and the instability they have brought to the stock market.

“In the first 100 days of the new administration, we have set the table for a robust economy that allows Main Street to grow with Congress and the White House working hand in hand. We expect to see even more positive results over the next few months,” Bessent told the House Appropriations Committee last week.

Keep ReadingShow less
Cancer Research in the U.S. Is World Class Because of Its Broad Base of Funding − With the Government Pulling Out, Its Future Is Uncertain

Without federal support, the lights will turn off in many labs across the country.

Getty Images, Thomas Barwick

Cancer Research in the U.S. Is World Class Because of Its Broad Base of Funding − With the Government Pulling Out, Its Future Is Uncertain

Cancer research in the U.S. doesn’t rely on a single institution or funding stream − it’s a complex ecosystem made up of interdependent parts: academia, pharmaceutical companies, biotechnology startups, federal agencies and private foundations. As a cancer biologist who has worked in each of these sectors over the past three decades, I’ve seen firsthand how each piece supports the others.

When one falters, the whole system becomes vulnerable.

Keep ReadingShow less