No Expiration Date on the State of Emergency

Back on June 12, Governor Ralph Northam declared a state of emergency to combat the COVID-19 virus. The declaration had an expiration date. Executive order 51 stated that the state of emergency “shall remain in full force and in effect until June 10,” unless “amended or rescinded by further executive order.”

Two days ago, the Governor issued Executive Order 63, which mandated the wearing of face covering while inside buildings. Not surprisingly, media attention focused on the mask mandate. But the tail end of the executive order contained this language:

This Order is in furtherance of Amended Executive Order 51 (2020) and Amended Executive Order 61 and Amended Order of Public Health Emergency Three (2020). Further, this Order shall be effective 12:00 a.m., Friday, May 29, 2020, and shall remain in full force and effect until amended or rescinded by further executive order.

Key words: “Shall remain in full force and effect until amended or rescinded by further executive order.” There is no expiration date.

Make of it what you will.

(Hat tip: Chris Braunlich.)

— JAB