‘Tyranny’: Idaho Gov. Brad Little repeals McGeachin’s ban on mask mandates

Idaho Gov. Brad Little on Friday repealed Lt. Gov. Janice McGeachin’s executive order to ban mask mandates, a move the governor called a “self-serving political stunt” that amounted to “tyranny.”

Little’s office announced the reversal Friday morning. His executive order moves to “restore local control” and allow local jurisdictions to determine their own mask policies. Idaho does not have a statewide mask mandate.

“The action that took place was an irresponsible, self-serving political stunt,” Little said in a press release.

“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,” he added. “This kind of over-the-top executive action amounts to tyranny — something we all oppose.”

Idaho code dictates that the lieutenant governor must succeed to the governor’s seat “in case of temporary inability to perform his duties or in the case of his temporary absence from the state.” Senate President Pro Tem Chuck Winder also temporarily acted as governor earlier this week when the lieutenant governor was also out of state, Winder told the Statesman.

Little gave McGeachin a heads up about his executive order, said Emily Callihan, Little’s spokesperson. Little’s office on Thursday said the governor was not informed ahead of time before McGeachin issued her order.

McGeachin, who is running for governor, signed the executive order Thursday morning when she was acting governor. Little was out of state for a Republican Governors Association event in Nashville, Tennessee.

While McGeachin’s executive order exempted hospitals, it did not exempt other congregate settings, such as prisons or research labs that deal with infectious diseases. West Ada School District, Idaho’s largest, said it will keep its mask mandate in place in consultation with legal counsel.

Under state law, school district trustees, cities, counties and public health districts have the power to determine policies to protect public health. State law also prohibits executive orders from changing state law.

In a legal opinion, Chief Deputy Attorney General Brian Kane said that McGeachin exceeded her authority with the executive order and that her move likely was illegal under state law and unconstitutional.

In the opinion — requested by Sen. Melissa Wintrow, a Boise Democrat — Kane wrote that executive orders are allowed only to ensure that Idaho’s laws “are faithfully executed,” not change or create new laws. The Legislature has the power to craft new law.

“The acting governor’s action to prohibit mask mandates, potentially contrary to existing orders of local government entities, encroaches upon the express statutory authority of local government entities and likely exceeds the governor’s authority in statute and Idaho’s constitution,” Kane wrote.

In a letter to supporters on Thursday, McGeachin campaigned on ending Idaho’s mask mandates — only a few are still in place — and asked for donations after she signed her executive order.

McGeachin’s campaign didn’t immediately respond to a request for comment. But in a statement on social media, McGeachin said she remains “undeterred and unwavering in my commitment to defend your rights and freedoms.”

“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.