Idaho gov repeals lieutenant gov's executive order banning mask mandates, unloads on her 'irresponsible abuse of power'



Idaho Gov. Brad Little (R) on Friday repealed an executive order overriding local mask mandates, blasting his Lt. Gov. Janice McGeachin (R) for issuing the order in his absence.

"The action that took place was an irresponsible, self-serving political stunt," Little said in a statement.

The governor accused McGeachin's order of usurping legislative powers with an "over-the-top executive action" that "amounts to tyranny." His repeal order aims to "restore local control" over public health ordinances, permitting Idaho localities to impose mask mandates, including for children, if they deem it necessary to protect public health.

Idaho never adopted a statewide mask mandate because Little believed a top-down order from the state government would violate conservative principles respecting local government.

Earlier this week, Little was out of state to attend a meeting of the Republican Governors Association in Nashville, Tennessee. Idaho law elevates the lieutenant governor to serve as acting governor with all the governor's powers "in case of temporary inability to perform his duties or in the case of his temporary absence from the state."

While he was away, McGeachin used her temporary authority to issue the executive order banning local governments from implementing mask mandates.

McGeachin announced last week that she will run in the Republican primary for governor. She did not notify Little, her primary opponent, of her intention to issue the order.

"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," Little said, blasting McGeachin. "This kind of over-the-top executive action amounts to tyranny — something we all oppose."

Little accused McGeachin's order of violating Idaho state law, which provides that school district trustees, cities, counties, and public health districts have the power to enact policies to protect pubic health. The law also prohibits executive orders from changing state law.

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

"Furthermore, the executive order presents some pretty alarming consequences," he continued. "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."

Then his statement got personal:

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.

Responding, McGeachin told supporters in a statement that Gov. Little "chose to revoke your personal freedom by rescinding my order and imposing mask mandates on thousands of Idaho children."

"I understand that protecting individual liberty means fighting against tyranny at ALL levels of government — federal, state, and local. It is your God-given right to make your own health decisions, and no state, city, or school district ever has the authority to violate your unalienable rights," McGeachin said.

"As your Lt. Governor, I remain undeterred and unwavering in my commitment to defend your rights and freedoms against all who would violate them. Now, more than ever, we must stand together against those who prioritize their own power above individual liberty."

Horowitz: Idaho Lt. Gov. Janice McGeachin bans masks in governor’s absence



So, if you became governor for a few hours, what would you do? Idaho Lt. Gov. Janice McGeachin, a firebrand conservative opponent of unscientific COVID-19 regulations, knew exactly what she would do: Ban all mask mandates, particularly on children.

Today, she got her wish.

In perhaps one of the most extraordinary moments in state politics, McGeachin announced last week that she would be challenging Republican Gov. Brad Little in the Idaho gubernatorial primary next year. It is highly unusual for a lieutenant governor of the same party to challenge the sitting governor, but McGeachin was fed up with Little's support for heavy-handed COVID restrictions and felt that Idaho needed a conservative voice. In March, she participated in a rally burning masks and copies of the governor's executive orders.

But what was even more unusual was that Gov. Little traveled out of the state to meet with other governors this week in Nashville, Tennessee, creating an absence that, pursuant to state law, makes the sitting lieutenant governor the acting governor until he returns.

In a move that shocked everyone, including the governor's staff, McGeachin issued an executive order effective 11 a.m. Thursday barring all local governments, including school boards and county commissions, from continuing mask mandates. The order applies to local governments, health districts, public schools, public colleges and universities, and libraries and more, but exempts hospitals.


Today, as acting Governor of the State of Idaho, I signed an Executive Order to protect the rights and liberties of individuals and businesses by prohibiting the state and its political subdivisions — including public schools — from imposing mask mandates in our state. #idpol pic.twitter.com/Nmb6DX9v6X
— Janice McGeachin (@JaniceMcGeachin) May 27, 2021

"It's just especially hard for me to see the little kids being forced to wear a mask in school," McGeachin told Idaho Reports.

Marissa Morrison, Little's press secretary, said that "the Lt. Governor did not make Governor Little aware of her executive order ahead of time" and that Little "is expected to return to Idaho tonight" and review the order.



From a political standpoint, McGeachin boxed in Gov. Little. On the one hand, everyone knows Little is a big fan of masks, which is why he encouraged them all along and made sure all local officials were able to institute them, even on the youngest of children.

However, he shied away from instituting a statewide mandate because he knew it wouldn't resonate with the voters. With people in Idaho beyond "over with" the COVID-19 way of life, and with McGeachin on the ballot for the GOP nomination against him next year, Little has a very interesting choice to make.

Gov. Little has already vetoed legislation even limiting his emergency powers to as much as 60 days! He has also declined to support numerous house bills blocking vaccine passports, closure of businesses, and mask mandates. All too often, incumbents who are challenged in primaries move far to the right rhetorically after the issue is already obsolete and doesn't require them to take any action. But in this case, McGeachin has boxed him in and is forcing him to now take an affirmative stance. Will he reverse the order when he returns?

Aside from giving her a leg up with primary voters against Little, this action will likely help in cementing McGeachin's status as the main conservative opponent. At present, a number of other candidates have filed to run for governor. However, absent a clearing of the field, multiple candidates risk dividing the conservative vote and re-electing Little, as Idaho does not have a runoff law.

GOP primaries are full of candidates who talk big and deliver nothing for conservatives. In this case, Janice McGeachin might have given voters an audition of what is to come.