Murphy unleashes executive caveat to retain pandemic power even if the rate of transmission drops below 1

Murphy unleashes executive caveat to retain pandemic power even if the rate of transmission drops below 1

by
August 31, 2021
·

When the COVID-19 rate of transmission rose above 1 in New Jersey, Governor Phil Murphy’s pandemic executive order power was reinvoked. Under the law passed by the Democrat Senate and Assembly, as long as the RT is above one, Murphy can once again rule the state as a supreme authoritative force when it comes to COVID-19.

Over the past two months, the RT had appeared to be on a track to climb over two, but today, the rate of transmission is hovering at 1.08. This week, the RT may drop below one.

When the RT drops below one, Phil Murphy’s executive order powers will once again be revoked, right? We can all go back to living freely in New Jersey as we did for few weeks before the delta variant hit!

Wrong. Even if the RT drops below one, the vagueness of the law that grants him those powers allows for certain unmeasured caveats to retain his power. On Monday, Murphy indicated that he would be using those caveats to retain pandemic powers.

Here’s how the law reads, “The most recent executive order containing general coronavirus disease 2019 (COVID-19) mitigation measures regarding face coverings, social distancing, and gatherings prior to the effective date of this act, and this executive order shall not be more restrictive than the recommendations provided in the federal Centers for Disease Control and Prevention guidelines on social distancing and face coverings in response to the coronavirus disease 2019 (COVID-19) pandemic, unless a substantial increase in hospitalizations, substantially increased spot positivity, or rate of transmission above 1 necessitates a modification that would be more restrictive.”

What is says is that even if the RT drops below 1, Murphy can fall back to hospitalization statistics to retain his power. That data is provided to the state by hospitals statewide and is curated by Murphy’s administration. In essence, it’s data that the government owns and controls.

Now, as the RT continues its downward trend below one, Murphy made it clear, he’s not giving up his power and will use metrics from hospital data and spot positivity to continue his pandemic level authority.

Instead, Murphy is shifting toward a 10% uptick in hospitalizations.

“Good news is the rate of transmission continues to decline, though it is still over one and it shows, therefore, an increasing spread of the virus,” Murphy said. “Here are the latest numbers from our hospitals. The total number of hospitalizations is up a little more than 10% from last Monday as is the ICU count, but the number of ventilators in use has increased by about 25% over the past week. These figures should be a wake-up call to the threat that the Delta variant poses, again, overwhelmingly to the unvaccinated.”

Phil Stilton
Phil Stilton Latest posts

Phil Stilton is the Editor and Publisher of Shore News Network, an independent digital newsroom providing original reporting on New Jersey, national news, government, public policy, public safety, courts, and community affairs.

As founder of the publication, Stilton leads editorial strategy, investigative reporting, and daily newsroom operations while overseeing coverage that reaches millions of readers annually.

With extensive experience covering municipal government, county government, state legislatures, elections, law enforcement, emergency management, and public records, Stilton specializes in translating complex government actions into clear, factual reporting. His work frequently relies on primary source documents, including court filings, legislation, public meeting records, election finance disclosures, government databases, police reports, and Freedom of Information and Open Public Records Act (OPRA) requests. He has reported extensively on local government accountability, taxpayer spending, campaign finance, public corruption investigations, infrastructure, public safety, and the policies affecting New Jersey residents.

Under Stilton's editorial leadership, Shore News Network has grown into one of New Jersey's largest independent digital news organizations, publishing thousands of original news articles each year while providing breaking news coverage, investigative reporting, and analysis across state and local government. The publication's reporting is routinely sourced from official government agencies, public officials, court records, and firsthand documentation, with a commitment to transparency, attribution, corrections when warranted, and clearly distinguishing factual reporting from opinion.

Stilton's journalism follows established newsroom standards emphasizing accuracy, verification, fairness, and accountability. Every effort is made to verify information through official records and multiple reliable sources before publication. His reporting is intended to provide readers with timely, well-documented information that helps them understand the issues affecting their communities, while maintaining editorial independence from political parties, government agencies, advocacy organizations, and commercial interests.

Readers can submit story tips, corrections, public records, or media inquiries through the official Shore News Network website or its verified social media channels. Shore News Network welcomes corrections and updates when new information becomes available as part of its ongoing commitment to accurate and transparent journalism.

  1. New Jersey Town Where ICE Agent Was Run Down Passes Resolution Urging Repeal of Sanctuary State Policies
  2. New Jersey Dem Lawmakers Move to Expand Assault Rifle Ban As Court Rules Existing Law Unconstitutional
  3. FIFA Is Now Selling World Cup Grass Paid for by New Jersey Taxpayers
  4. Flood Watch, Severe Thunderstorm Risk, and Possible EF2 Tornado Threat Across New Jersey Today