FRANKFORT (Ky.) Saturday's legal defeat for the Kentucky governor's aggressive COVID-19 combatting efforts was a result of the state's highest court allowing him to enact new laws to limit his emergency powers.
The Kentucky Supreme Court ruled that the legislature has policy-making power to limit emergency powers given to the governor under state law in a landmark separation of powers case.
A lower court was ordered to dismantle an injunction that had for months blocked Republican-backed laws from limiting Democratic Gov. Andy Beshear's executive authority.
This order could drastically alter the state's response in the face of the pandemic. It comes at a time where hospitalizations and virus cases have risen due to the highly contagious Delta variant.
The governor's office immediately warned about the consequences. Crystal Staley, spokesperson for Beshear, said Saturday that the Supreme Court order will dismantle Kentucky's pandemic-related emergency state of emergencies. She said that the next step will be to determine if lawmakers are willing extend the emergency state in a special session.
Staley stated in a statement that the governor had the courage and strength to make difficult decisions to protect Kentuckians. His ability to make such decisions has been greatly diminished by the court. We hope that the General Assembly will do the right thing if called to a special session.
Johns Hopkins University researchers have reported that Kentucky has experienced 7,517 COVID-19-related deaths. This is the 27th highest death rate in the country and the 30th highest per capita. Its overall rate was lower that some of its neighbors.
Top GOP legislators praised the ruling for recognizing the legislature's constitutional authority.
Continue the story
The Republican Attorney General Daniel Cameron defended the new laws and urged Beshear for a consultation with legislators to reach a consensus on how to protect Kentuckians.
GOP lawmakers approved the new laws that limit the governor's emergency powers to respond to Beshear’s aggressive handling the coronavirus crisis. After his vetoes were overridden, the governor sued immediately to contest the measures.
With its Saturday ruling, the Supreme Court also weighed in. We don't question the governor's good faith in taking the steps necessary to combat the pandemic, said the justices. They said that claims by the governor that the measures would have impeded his ability to fulfill his constitutional duties were not supported by sound legal principles.
Justice Laurance B. VanMeter stated that, given that the challenged legislation was passed lawfully, the governor's complaint doesn't raise a significant legal question that would require the legislature to be stayed in effect.
With instructions to dissolve the injunction, the Franklin Circuit Court was notified.
The governor's emergency orders are limited to 30 days, unless they are extended by legislators. Another measure requires schools and businesses to follow COVID-19 guidelines issued by the governor and the federal Centers for Disease Control and Prevention. They can follow the least restrictive standard.
In a concurring opinion Lisabeth T. Hughes, Deputy Chief Justice, stated that the 30-day limit on emergency authority for governors is worthy of legal review by the lower court when the case returns.
She wrote that the 30-day limit acts as a kill switch. It transfers emergency management to the legislature. The executive branch is rendered powerless after 30 days and forces the calling of a special legislative session. This special legislative session trigger is unique to Kentucky law and requires careful constitutional analysis.
Chief Justice John D. Minton Jr. also joined the concurring opinion.
Republican legislators said that the new laws were intended to check what they considered excessive Beshears in imposing the restrictions. He maintained that the actions he took during the pandemic to reduce activity have saved lives.
In June, the governor removed most of his restrictions. However, with the rising number of COVID-19-related hospitalizations and cases, he signed an executive order that imposes an indoor mask requirement in Kentucky's K-12 schools, child care, and prekindergarten programs.
Spokeswoman for the governor pointed out the wide-reaching consequences of dissolving Kentucky's emergency related to pandemics.
It eliminates or places at risk large amounts funding for steps we took to improve our health care capacity, expanded meal for children and their families, measures to combat COVID-19 long-term care facilities, workers' compensation for front-line workers who contract COVID-19, as well as the ability fight price gouging. It will also prevent the governor delaying taking further steps, such as a general mandate for masks.
Beshear has resisted criticisms and protests about his pandemic-related actions. Last year, armed protesters gathered at the governor's residence and hanged Beshear in an effigy from a tree next to the state Capitol.
The state Supreme Court upheld last year the governor's authority to impose coronavirus-related restrictions for individuals and businesses. The legislature responded by adopting the new laws in this year.
___
Follow more of APs pandemic coverage at https://apnews.com/hub/coronavirus-pandemic
