We knew that this bovine feces would happen!

Judge rules in Beshear’s favor, blocks laws limiting governor’s COVID-19 powers

By Jack Brammer | March 3, 2021 |3:31 PM EST

Franklin Circuit Judge and Authoritarian Enabler Phillip Shepherd. Photo: Kentucky Administrative Office of the Courts.

Franklin Circuit Judge Phillip Shepherd temporarily blocked Thursday three new laws that limit the governor’s powers to deal with emergencies like the coronavirus pandemic.

In a 23-page order that is a legal victory for Kentucky Gov. Andy Beshear and a defeat for the Kentucky General Assembly, the judge granted Beshear’s motion for a temporary injunction and partially stayed the effectiveness of the three new laws the legislature approved earlier this year.

Besherar spokeswoman Crystal Staley said, “We appreciate the order. The ability to act and react quickly is necessary in our war against the ever-changing and mutating virus.

Apparently, according to Judge Shepherd, ‘need’ defines the Governor’s powers, not the General Assembly. What powers wouldn’t the Governor have, if he declares a state of emergency, under this kind of standard?

Shepherd said the court “is mindful that the challenged legislation seeks to address a legitimate problem of effective legislative oversight of the governor’s emergency powers in this extraordinary public health crisis” but “is also mindful that the governor and the secretary (Health and Family Services Secretary Eric Friedlander) are faced with the enormous challenge of effectively responding to a world-wide pandemic that has resulted in the deaths of thousands of Kentuckians and over 500,000 people in the United States.”

Republicans campaigned against the authoritarian use of power by Governor Beshear in last November’s elections, and the voters rewarded the GOP with 14 additional seats in the state House of Representatives, bringing their majority to 75-25, and 2 additional seats in the state Senate, bringing their majority to 30-8.^[1]Only 19 of the 38 seats were up for election in the state Senate.

The judge said all parties in the case “are acting in good faith to address public policy challenges of the utmost importance” but “the governor has made a strong case that the legislation, in its current form, is likely to undermine or even cripple, the effectiveness of public health measures necessary to protect the lives and health of Kentuckians from the COVID-19 pandemic.”

Oh, so as long as the Governor is “acting in good faith,” he is exempt from legislative oversight?

The Judge stated that the Governor has been ‘adjusting’ his executive orders to be less restrictive as time passes, as current conditions warrant and public health concerns decrease, but that “the court believes those decisions should be made based on medical and scientific evidence, not on arbitrary deadlines imposed by statutes irrespective of the spread of the virus.” Since when does a judge have the authority to decide what motivates the legislature or whether the legislators have taken their decisions based on the right things?

The governor’s general counsel, Amy Cubbage, recently noted that the current executive orders dealing with COVID-19 would expire March 4 unless the legislature extends them or the court rules in Beshear’s favor.

Did the Governor ask the General Assembly to extend them? The Governor filed suit as soon as the General Assembly overrode his vetoes, but if he attempted to work with the legislature, as Judge Shepherd had “strongly urged” him to do, I found no story in the Lexington Herald-Leader telling us about it. All I could find was an article entitled “‘See you in court,’ Beshear tells legislative leaders on taking up his vetoes this week.”

One hopes that the legislature and Attorney General Daniel Cameron immediately appeal the decision to the state Court of Appeals, which has been friendlier to restraining our authoritarian Governor, but we can count on the Governor then taking it to the state Supreme Court which, though officially non-partisan is in practice controlled by Democrats.

It may be time for a little revolution!