In a rare Saturday session, Kentucky’s Supreme Court ruled that a slate of laws designed to challenge Governor Andy Beshear’s authority should not have been temporarily blocked in Franklin Circuit Court.
And as such, the Kentucky Supreme Court ordered Franklin Circuit Court to lift its current injunction of Beshear’s mask mandate, in order to allow the laws to be in effect while a large lawsuit finds answers.
The Kentucky Supreme Court did not, however, rule whether those new laws published by the Franklin Circuit Court were unconstitutional or not.
Furthermore, the court unanimously agreed that while Franklin Circuit Court abused its discretion in blocking new laws from taking effect, the legislation was lawfully passed — and Beshear’s complaint did not present substantial legal questions.
Beshear was seeking injunction against legislature and Kentucky Attorney General Daniel Cameron, in hopes of being able to continue to respond quickly to the fast-changing COVID-19 pandemic without General Assembly request.
This didn’t happen.
The office of Kentucky Agriculture Commissioner Ryan Quarles was among the many to release a statement less than an hour after the ruling came into effect.
“In [Saturday’s] ruling, the Kentucky Supreme Court said the General Assembly sets the public policy of the Commonwealth,” Quarles said. “Our constitutional order does not take a break during a pandemic. With this ruling, Governor Andrew Beshear should turn away from his lawless ways and his open disrespect for the People’s branch, and do what he should have done from the beginning: actually bring people together and lead.
“Soon, Kentucky’s courts will have another opportunity to vindicate the right of the General Assembly to set public policy in a similar case: the Governor’s lawsuit against the Kentucky State Fair Board and me. The Governor is not a legislator or a king: even he is bound by our constitution and laws.”
Cameron, who’s filed suit against the Governor’s office more than once during his tenure, said he hopes the Governor will now consult with the General Assembly and find consensus on what is needed to protect Kentuckians.
A spokesperson from Beshear’s office reportedly noted this decision, among many things, “will further prevent the governor from taking addition steps [in a pandemic], such as a general mask mandate.”
As part of its summation, the Supreme Court did say that the Governor has alleged unconstitutional encroachment on his emergency powers, and the seemingly relentless nature of the COVID-19 pandemic ensures that the issues he raises will continually resurface, leading to constant litigation and conflicting results from circuit courts across the Commonwealth.
It’s worth noting that the Kentucky Department of Education stated earlier Saturday that this decision has no bearing on the Kentucky Board of Education’s recent regulation requiring masks in schools.
Information from the Lexington Herald-Leader, Louisville Courier-Journal and Kentucky Public Radio helped create this report.
A PDF of the Court Ruling: KSC-Case-vs.-Beshear
