The governor lifted most of his restrictions in June. The governor maintained the steps he took to limit activity during the pandemic have saved lives. Republican lawmakers said the new laws were meant to put checks on what they viewed as Beshear’s overreach in ordering the restrictions. “This type of special legislative session trigger has no antecedent in Kentucky law to my knowledge and requires careful constitutional analysis.”Ĭhief Justice John D. “The 30-day limit operates as a ‘kill switch’ that essentially transfers the day-to-day management of emergencies to the legislature by rendering the executive branch powerless to act after 30 days, forcing the call of a special legislative session,” she wrote. Hughes said the 30-day limit on a governor’s emergency authority deserves legal review from the lower court when the case is returned. In a concurring opinion, Deputy Chief Justice Lisabeth T. They could follow whichever standard is least restrictive. Under another measure, businesses and schools have to comply either with COVID-19 guidelines from the governor or the federal Centers for Disease Control and Prevention. One of the contested laws limits the governor’s executive orders in times of emergency to 30 days unless extended by lawmakers. The ruling sent the case back to Franklin Circuit Court with instructions to dissolve the injunction. “In sum, considering that the challenged legislation was lawfully passed, the governor’s complaint does not present a substantial legal question that would necessitate staying the effectiveness of the legislation,” Justice Laurance B. But they said the governor’s claims that the measures impaired his ability to carry out his constitutional duties were “largely unsupported by sound legal principles.” The justices said “we do not question the governor’s good faith” in taking steps he believed were necessary to deal with the pandemic. The Supreme Court weighed in with its rare Saturday ruling. The governor promptly sued to challenge the measures after his vetoes of the bills were overridden. GOP lawmakers passed the new laws limiting the governor’s emergency powers in response to Beshear’s aggressive handling of the coronavirus crisis. Republican Attorney General Daniel Cameron, who defended the new laws, urged Beshear to consult with lawmakers to “find consensus on what is needed to protect Kentuckians.” Top GOP legislative leaders hailed the ruling for recognizing the legislature’s “constitutional authority to enact laws.” In a joint statement, House Speaker David Osborne and Senate President Robert Stivers said lawmakers “stand ready to work with the governor, as we have for nearly a year and a half, and address what is a very real public health crisis.” The overall rate was lower than some of its neighboring states. If called in to a special session, we hope the General Assembly would do the right thing.”Īccording to the most recent statistics reported by Johns Hopkins University researchers, Kentucky has seen 7,517 COVID-19 related deaths to date, the 27th-highest death rate in the nation and the 30th-highest per capita. “The court has removed much of his ability to do so moving forward. “The governor has had the courage to make unpopular decisions in order to keep Kentuckians safe,” Staley said in a statement. The next step is to determine whether lawmakers are willing to extend the state of emergency in a potential special session, she said. The Supreme Court order will dissolve Kentucky’s pandemic-related state of emergency, Beshear spokesperson Crystal Staley said Saturday. The governor’s office quickly warned of the impact. The order could dramatically alter the state’s response to the pandemic at a time when virus cases and hospitalizations have surged because of the highly contagious delta variant.
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