COVID is no longer a crisis but WA emergency rules remain. The Legislature must step in

If left unchecked, Gov. Jay Inslee could, conceivably, keep his out-of-balance COVID emergency powers until he leaves office.

Considering there is no limit to the number of terms a Washington state governor may serve, it’s possible this top-heavy situation could go on for an amazingly long time.

He has given no indication of what benchmarks must be met in order for him to officially end the state of emergency he declared 2 1/2 years ago in February 2020.

It has been clear for some time that he intends to hang on to his COVID power for as long as he thinks he needs it.

So, really, at its root, the problem goes beyond the governor and the pandemic.

We have an out-of-whack emergency powers law that needs adjusting.

And it will be up to the Legislature to fix it.

Lawmakers should figure out a veto-proof plan to restore the balance of power as soon as the legislative session begins in January.

That will be tricky because so many legislative positions are up for election. But once the dust has settled in November, there must be a concerted effort by members of the House and Senate to ensure the legislative branch is no longer shut out for months on end when the governor declares a state of emergency.

One lone government official should not have sole authority over people’s lives for so long.

When COVID first emerged there were no vaccines to protect against it, and it was necessary for Inslee to take action to limit its spread and protect citizens from the potentially fatal disease.

Emergency situations cannot be managed immediately by committee. Our state legislators understood this, and that’s why — in 1969 — they gave the governor sweeping authority to take charge in times of crisis.

Of course, their idea of an emergency was along the lines of a natural disaster and not a lingering disease.

Early on, we agreed with Inslee’s approach. We knew his decisions were made in order to protect lives and we supported them.

We even cautioned against those who wanted to dismiss them. But as time wore on, it was apparent the pandemic had exposed flaws in our state-of-emergency law.

At COVID’s peak, the governor had 85 emergency proclamations in effect.

While it’s true Inslee has whittled that number down and has plans to rescind 12 healthcare-related emergency orders in October, it still leaves 10 measures in effect with no word on their potential end date.

And that includes the original emergency declaration that allows Inslee to make all the other COVID proclamations possible.

There are 13 other states that still have active emergency orders in place, but many of those are set to expire in September.

Washington, California and West Virginia are three that will continue the state of emergency until further notice.

Oregon and Idaho officially ended their COVID emergency measures last April. At the time, we applauded Oregon Gov. Kate Brown’s reasoning and encouraged Inslee to follow suit.

Brown said that while governors must be able to invoke emergency powers during a crisis, those powers “cannot — and should not — go on forever.”

She also said that those powers “must be used carefully and sparingly, and only when absolutely necessary, as they temporarily alter the normal balance of power.”

We agree with Brown’s take, and wish Inslee would as well.

While still a concern, COVID is no longer a crisis situation.

Vaccines have helped to reduce hospital stays and deaths. Social distancing and isolating are no longer priorities for most people. Families are vacationing and gathering without a feeling of dread.

And yet Washington state’s emergency declarations have no end in sight.

Perhaps because COVID isn’t the threat it once was, lawmakers will find it easier to tweak the law that now gives broad emergency powers to the governor with no legislative checks.

It would help if they consider this task an effort to safeguard the future — not just a reaction to what’s happening now. It is imperative the balance of power be set right.