The Franklin Circuit Court abused its discretion in blocking laws from taking effect that would have limited the power of Gov. Andy Beshear to issue emergency orders, such as a school mask mandate, the Kentucky Supreme Court ruled Saturday.
In a 34-page order, the court issued a unanimous decision to send the case back to the lower court to dissolve the injunction that was issued in March.
The challenged legislation was lawfully passed and the governor’s complaint “does not present a substantial legal question that would necessitate staying the effectiveness of the legislation,” the seven-member court ruled.
The court ruled 7-0 that the “challenged legislation was lawfully passed” and the governor’s complaint “does not present a substantial legal question that would necessitate staying the effectiveness of the legislation.”
Senate Bills 1 and 2, along with House Bill 1, all implement limitations on the power of the governor during an emergency. Beshear vetoed the legislation, but the vetoes were easily overridden.
Sen. Matt Castlen introduced SB 1 this year to curtail the governor’s powers to issue executive orders. Following Beshear’s most recent mask mandate, Castlen said it was another example of why he filed the legislation.
Following Saturday’s Supreme Court ruling, Castlen said it was a step in the right direction of taking a bipartisan approach to making decisions for the people they represent.
“The governor talks about how politics shouldn’t play a role in how decisions are being made for the good of the people, to keep families safe, and to keep children in school,” Castlen said. “But he doesn’t practice what he says. He’s been making unilateral decisions without consulting the General Assembly and listening to the people he’s trying to protect. It’s been an abuse of power, but hopefully this will be a step in the right direction of a government working together.”
In March, a Franklin Circuit Judge granted Beshear’s motion for a temporary injunction, meaning the judge temporarily blocked the implementation of all three bills. Those laws will now go into effect after the Franklin Circuit dissolves the injunction.
The most noteworthy emergency order Beshear issued since the legislation was passed is the recent mask mandate for all private and public K-12 schools as well as child care facilities.
Late this week a U.S. District Court judge issued a temporary restraining order to block the enforcement of that mandate in all private schools statewide.
However, regardless of whether Beshear’s mandate is struck down, public schools are still subject to similar emergency regulations issued by the Kentucky Board of Education and Kentucky Department of Public Health to require universal masking.
Those regulations, set independently of Beshear’s, were not addressed in the restraining order issued this week. A legislative committee did find both those regulations “deficient” on a 5-2 party-line vote, but both will stay in place unless further action is taken in court.
