NJ Governor Lifts School Mask Order Before Executive Order Expires

New Jersey Gov. Phil Murphy (D) is lifting the mask mandate for students and staff in schools and daycare centers effective March 7.

Murphy is also extending his executive order declaring a public health emergency 30 days to give the public time to adjust to the new policy, he stated in a February 7 briefing and press release from his office.

However, local school officials and businesses could implement their own mask mandates, Murphy stated.

“We are not removing the ability of individual district leaders to maintain and enforce such a policy,” said Murphy. “We will not tolerate anyone being put down by exercising their choice to mask up.”

Murphy’s announcement came weeks after he reinstated a 30-day public health emergency starting January 11 due to escalating cases of the Omicron variant. On January 10, Murphy stated masks for students and staff will continue “for the foreseeable future,” which caught members of his own party by surprise and was criticized by Republicans.

Reining-In Executive Power

Republican lawmakers have been concerned about the aggregation of power by Murphy through the use of his emergency authority, says Adrienne Zimmermann, director of constituent services for New Jersey state Assemblyman Brian Bergen (R-Denville).

Bergen introduced Assembly Bill 4147, which would limit Gov. Murphy’s executive orders power to two weeks, after which it would require a vote by the legislature, on May 5, 2020.

“He recognized that Gov. Murphy was abusing the power of Executive Orders,” Zimmermann said. “It was obvious that unless the Assembly and Senate took back the power granted by the New Jersey Constitution, Gov. Murphy would not give it back.”

Bergen’s bill had 22 co-sponsors in the Assembly, and the Senate version of the bill was sponsored by every Republican senator, says Zimmermann.

A new legislative session began on January 12. Bergen’s bill was not yet reintroduced as of press time.

Governors ‘Can’t Let Go’

Acting unilaterally against the pandemic is not a good look for Murphy, says Matt Dean, a senior fellow for health care policy outreach at The Heartland Institute, which co-publishes Health Care News.

“Gov. Murphy has obviously not learned from the many Democratic Party governors across the country who regret not including their legislatures in the pandemic response,” said Dean.

“The lure of autonomy is almost irresistible for many governors who can’t let go of emergency powers, but the cold splash of electoral accountability is strong enough to snap them back into their senses,” said Dean.

Kenneth Artz (KApublishing@gmx.com) writes from Dallas, Texas.