I asked yesterday if Governor Andy Beshear (D-KY) would regret calling a special session of the General Assembly to deal with his COVID-19 programs now that the state Supreme Court has ruled that the injunctions against the General Assembly’s restrictions on his authority had to be dismissed. The Governor got the extension of his state of emergency order for which he asked, but the mask mandate he wanted, and said he would impose if he could? Not just no, but Hell no!

KY lawmakers override Beshear’s vetoes and end all statewide mask mandates

By Jack Brammer and Alex Acquisto | Updated: September 10, 2021 | 12:17 AM EDT

The Republican-led Kentucky General Assembly soundly rejected Gov. Andy Beshear’s handling of the COVID-19 pandemic late Thursday night, overriding his vetoes of two bills that stripped the Democratic governor’s ability to issue statewide mask mandates in schools or anywhere else.

The action came as lawmakers ended a special session of the General Assembly just before midnight. The session, called by the governor to comply with a Kentucky Supreme Court decision last month that said the legislature must approve the governor’s emergency orders, began Tuesday.

Both the Senate and House late Thursday overrode Beshear’s vetoes of Senate Bills 1 and 2, which he had issued shortly after the bills were initially approved by lawmakers. Senate Bill 1 would nullify emergency regulations mandating masks at public schools and daycare centers, leaving that decision to local officials and business owners. Senate Bill 2 bans any type of statewide mask mandate until June 2023.

Beshear has said he needs that authority to fight the coronavirus, which has claimed the lives of more than 7,800 Kentuckians and is leaving hospitals severely strapped for staff and resources.

The Senate overrode SB1 21-6, and SB2 23-5. The House overrode the veto of SB1 69-24 and SB2 69-22. The reason that Republicans have such huge majorities in the General Assembly was the Governor’s mask mandates in 2020, when 100 state House and 19 state Senate seats were up for election.

The bills outlaw statewide mask mandates by the state government, but do not prohibit local school boards or districts from imposing their own mandates within their jurisdictions. Mr Beshear had asked local school boards to impose such policies, but most declined to do so, so he got angry and made it an order.

The Governor rescinded his mask order following the state Supreme Court ruling, but by then had persuaded the state Board of Education to issue such an order lasting through the entire school year. The Governor needed his emergency declaration extended — it would otherwise have expired today — but by calling the special session, he lost the state Board of Education’s mask mandate. Whether the state Board’s order was covered by the Kentucky Supreme Court’s August 10 decision is legally up in the air, but it would at least have lasted longer if it had to be adjudicated; now, it’s history, or at least it will be in five days, to give local Boards of Education time to meet and take their own decisions. It is expected that at least the large districts in Fayette and Jefferson counties will impose their own mask mandates, but smaller districts in more rural counties might not. In the Bluegrass State, local Boards of Education are elected, and the Board members must be responsive to the wishes of the voters.

Parents can, of course, tell their children to wear masks even if the local school district does not.

It’s amusing to see the reader comments on the Lexington Herald-Leader article cited above, all claiming that the General Assembly was gambling with the lives of students, but the facts are plain: the members were doing the will of the voters who elected them.