Category Archives: COVID

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Some Central Bucks Karens want to force other people to wear masks, but don’t have the courage to identify themselves

We have previously noted the decision by the Central Bucks School Board not to make facemasks mandatory for the upcoming school year. Naturally, when some people oppose a decision by an elected body, they sue!

    Central Bucks parents sue after school board votes against mask mandate

    It asks the judge to order the district to follow Centers for Disease Control and Prevention guidelines for mitigating the virus in schools.

    by Maddie Hanna | August 28, 2021

    A group of parents of children with special needs sued the Central Bucks School District late Friday, alleging the district’s plan to start the school year Monday without masks or other COVID-19 mitigation measures violates their rights under the Americans with Disabilities Act.

    The lawsuit — backed by a fund-raiser started by parents that had amassed more than $35,000 as of Saturday afternoon — follows a 5-4 vote by the school board Wednesday night rejecting a mask mandate and other measures ahead of the new school year.

    It asks U.S. District Court in Philadelphia to order the school district to follow Centers for Disease Control and Prevention guidelines for mitigating the virus in schools.

    “Together we have made a phenomenal statement that we need to follow CDC and [American Academy of Pediatrics] guidelines to keep the children, teachers and staff in our schools safe as well as prevent the spread of COVID in our community,” Susan Lipson, a family medicine physician who helped organize the GoFundMe, wrote on its page.

Actually, I’m surprised: Maddie Hanna, the article writer, actually wrote the way a journalist is supposed to write, with the most important information, the lede, first! But further down came the infuriating part:

    Parents suing the district — whom the lawsuit identifies only by their initials because “universal masking is a very contentious issue in the district” — say the plan puts their children “at risk of death and debilitating illness from COVID-19.”

So, we have parents suing the school, attempting to force other people to go along with their wishes, and to override the decision of the elected school board, and they don’t have the guts to identify themselves? I’m going to tell you what to do, but you don’t need to know who I am?

Yeah, that’s pretty infuriating.

The decision by the school board does not prohibit anyone from wearing a face mask. These parents can wear one or three or twelve masks if they want! They may take any virus mitigation efforts they wish, as far as their children and they are concerned.

But that isn’t good enough; they want to force other people to take extreme steps to protect their children and themselves. But they don’t have the courage to admit who they are.

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Tying things together

Why is it that an old, retired man out in the boondocks of eastern Kentucky can see these things, but the credentialed media just can’t put the stories together?

These things are all related, though the local media don’t seem to want to tell people that. Thanks to a tweet from Heather Long, I found this story:

    Ford CEO: Up to 20% of factory workers are out on some days

    By Peter Valdes-Dapena, CNN Business | Wednesday, August 25, 2021 | Updated: 9:50 AM ET

    Carmel-by-the-Sea, California (CNN)Face masks are required again in major US auto factories and, according to Ford CEO Jim Farley, that has some workers deciding not to show up for work. In some factories, absentee rates can exceed 20%, he said in an interview with CNN Business.

    “When a fifth of your workforce isn’t coming in, in a manufacturing operation where everyone has their job and you don’t know who’s going to be missing every day, man, it’s really challenging,” Farley said.

    General Motors GM: (%), Ford F: (%) and Stellantis STLA: (%), the company that makes Dodge, Jeep and Chrysler vehicles, agreed with the United Auto Workers union in early August to begin requiring masks in their factories again. That mandate has contributed to the absentee problem, Farley said.

    “The economics of staying out of work are getting more attractive during the summer,” he said. “It’s people that are apprehensive. It’s people who say, ‘I don’t want to wear a mask this week.’ It’s a variety of things.”

    Spokespeople for GM, Stellantis and Toyota, which was not party to the UAW agreement but also now requires masks in its US facilities, would not share information about absentee rates in their factories.

There’s more at the original, but it boils down to one thing: even at United Auto Workers’ wages, Americans don’t like to be controlled. And CEO Jim Farley said the quiet part — at least, kept quiet by the media — out loud: people don’t want to be muzzled.

This is why Kentucky voters gave Republican state legislative candidates such a huge advantage, as they campaigned against Governor Andy Beshear’s (D-KY) COVID restrictions, and this is why Pennsylvania voters passed a constitutional amendment limiting Governor Tom Wolf’s (D-PA) executive authority, and this is why school boards across Pennsylvania — Governor Wolf asked local school boards to issue mask mandates, but 415 out of 474 school districts declined — and Kentucky — two-thirds of districts voted against them — decided to keep masks optional.

But the credentialed media won’t put 2 + 2 together and get 4, because they don’t want to get 4. Philadelphia instituted a city-wide indoor mask mandate two weeks ago, but now The Philadelphia Inquirer is reporting that enforcement is very spotty, if it exists at all.

    Since Philadelphia’s new mask mandate took effect two weeks ago, at least 102 complaints have been filed through the city’s 311 line about businesses not complying.

    But city officials can’t say how many violations have been found, warnings have been issued or even the number of complaints it investigated. They say they don’t keep count, and that any inspection reports regarding mask compliance end up funneled into its cumbersome, often tough-to-navigate restaurant inspection database, ostensibly alongside complaints about cockroaches, filthy restrooms and freon leaks in walk-in freezers.

    Business owners at times have chafed at the pandemic restrictions over the last 19 months, but enforcement of the mask mandate is mostly the same as last year. Merchants and companies are largely responsible for enforcing it within their premises, with relatively little oversight or tracking. (Last summer, city officials said they had completed a few thousand inspections and ordered seven restaurants to temporarily close for not complying, but later stopped tracking those numbers.)

    Jabari Jones, president of the West Philadelphia Corridor Collaborative, said it’s unfair for businesses to be held accountable for customers failing to wear masks, and he’s heard from many business owners who say they have “kind of shrugged off” the latest rules.

    “There’s just a growing indifference toward some of these mandates,” he said, “because it’s like, ‘Dude, how am I supposed to catch up with all this stuff if you keep changing the rules without any notice or advance conversation with the business community?’”

There’s more at the original, but the point is simple: a lot of people are resisting mask mandates, and even a very blue city like Philadelphia — Joe Biden won 81.44% of the vote there — is seeing the public resist. It is democracy in action, people voting with their bare faces against the orders Our Betters.

The Lexington Herald-Leader will never do the investigative work which would tell us that those food service and bus driver positions are going unfilled because potential applicants do not want to wear face masks, or be subject to mandatory vaccination orders, but that’s certainly part of the problem. The credentialed media, which continually tells us how vital they are to democracy, are not willing to dig deeply into the facts on an issue on which they have already come down firmly on one side.

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It ain’t just them unedumacated rednecks from eastern Kentucky who oppose #MaskMandates

There are a lot of people in the Bluegrass State who claim that it was only them unedumacated rednecks who are opposed to mask mandates in the public schools. Governor Andy Beshear (D-KY) first recommended that local school boards impose masking requirements, but after they declined, with two-thirds voting against them, the Governor decided to make it an order, an order subsequently rescinded when the state Supreme Court sided against him.

But then I saw this in The Philadelphia Inquirer: Continue reading →

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Wir müssen Ihre Dokumente sehen!

In the land of sheeple, those who willingly comply with “Ve need to see your papers!” show their lack of courage. From The Philadelphia Inquirer:

The “need to show your papers vaccination card” only exists if you willingly comply with it! Hundreds, thousands, millions did, when the Nazis overran Europe.

We like to think that the conquered people at least resisted, and didn’t like, being told “Wir müssen Ihre Dokumente sehen!“, but, seeing how the sheeple in the United States are bending the knee to tyrants, I’m not so sure. We’ve already seen how feminist Amanda Marcotte wants, desperately wants, to have to show her papers vaccination card to get into her spin class, so we know that she’s willing to knuckle under to tyranny.

I’ve quoted enough for you to get the gist: the Inquirer story is tells you what to do if you’ve gotten your vaccination card laminated and you then need to document your booster shot. Not one word is written about the obtrusiveness and invasion of your privacy about having to carry and show the damned thing to get into restaurants and the like.

And if you don’t think that the State has been keeping track of you, think again!

    People vaccinated in the rest of the state can contact the Pennsylvania Statewide Immunization Information System (PA-SIIS) to get their full vaccination record (again, not a vaccine card replacement, but still proof that you have been vaccinated). Operated by the state health department, PA-SIIS is an immunization registry system that collects and organizes vaccine information.

Now we have the ignominy of Jeff Bezos selling handy three-packs of Badge Card Holder 4 X 3 Inches Id Cards Holder Working Card Protector Clear Vinyl Plastic Sleeve with Waterproof Type Resealable Zip (3 Pack), which you can wear around your neck like a good little sheep, and somehow, some way, no one sees anything wrong with this.

I’m sure if the government could figure out how to make the unvaccinated wear six-pointed yellow stars prominent identification badges, the Democrats would require such. But, since it’s proof of vaccination, not unvaccination, the identification cards would have to be issued to and worn by the vaccinated, and they might not like that.

Perhaps a laminated, picture identification to be worn on your shirt, like an employee ID badge. It could even have four spaces, in which a special mark could be placed, indicating how many doses of the vaccine you have had. After all, booster shots down the line will be pushed.

Heck, with that kind of system, we could mandate those badges for everyone, and the marks would tell us who hasn’t had even a single shot. They could be used for everything in society.

Except voting, of course; that would be wrong.

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Does Lexington Herald-Leader columnist Linda Blackford actually read the Lexington Herald-Leader?

We get it: Lexington Herald-Leader columnist really, really, really doesn’t like Republicans. Given the newspaper’s record of political endorsements, and how out-of-touch they have been with Kentucky’s voters, Mrs Blackford’s political opinions are not exactly a surprise. Still, I would have thought that she’d read her own newspaper. After all, it isn’t even that big anymore! Continue reading →

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It ain’t just them Southern rednecks protesting against #VaccineMandates

I have heard these stories anecdotally, and seen smaller versions of them in the Lexington Herald-Leader, which isn’t exactly a major newspaper. But now even The New York Times is reporting on the story:

    A Hospital Finds an Unlikely Group Opposing Vaccination: Its Workers

    When a Staten Island hospital implemented a vaccine or testing mandate, some of its staff staged angry protests.

    By Kimiko de Freytas-Tamura | August 22, 2021

    Their movement started discreetly, just a handful of people communicating on encrypted apps like WhatsApp and Signal. But in just days it had ballooned tenfold. And within two weeks, it had turned into a full-blown public protest, with people waving picket signs to denounce efforts to push them to receive coronavirus vaccines.

    But these were not just any vaccine resisters. They were nurses, medical technicians, infection control officers and other staff who work at a hospital on Staten Island, which has the highest rate of Covid-19 infection of any borough in New York City.

There’s much more at the Times original,[1]To get around the Times’ paywall, you can also read it here. but I want to point out the most important part: the resisters aren’t just cafeteria workers and custodial staff, the lower-paid people in the hospital and those with little or no medical training. They included “nurses, medical technicians, (and) infection control officers,” people who have degrees, a lot of training, and medical knowledge.

Employees at Staten Island University Hospital who are opposed to mandatory vaccination and testing protested last week. Credit…Yana Paskova for The New York Times. Click to enlarge.

I included the photo to the right, from the Times, something I normally do not do, due to copyright concerns, but this one falls under Fair Use standards. Note that the protesters aren’t the stereotype rednecks the left would have you believe. And while it’s very difficult to read in the photo, the name badge of the gentleman in blue scrubs, holding the “I stand for medical freedom!!” sign, appears to have RN, or registered nurse, in the red band on the bottom of his hospital name badge.

    Scientists and medical professionals point out that those who refuse vaccines are potentially endangering the lives of patients. “Vaccinations are critical to protect our patients, our staff and protect the general community,” said Dr. Mark Jarrett, chief medical officer at Northwell Health, which is the state’s largest health care provider and runs Staten Island University Hospital. “It’s a tough issue, but it’s our professional obligation to always maintain that whatever we do, it’s for the safety of our patients.”

    He said he is hopeful that imminent federal approval of the Pfizer vaccine will persuade some of the unvaccinated to get shots.

    As the Delta variant, the highly transmissible version of the coronavirus that now makes up almost all new cases in the United States, drives a surge throughout the country, public health officials are struggling to boost vaccination rates among frontline medical workers. Among the nation’s 50 largest hospitals, one in three workers who had direct contact with patients had not received a single dose of a vaccine as of late May, according to an analysis of data collected by the U.S. Department of Health.

    The Staten Island protests started last Monday when Northwell Health began requiring unvaccinated staff to get weekly coronavirus tests by nasal swab or risk losing their jobs. On the same day, Gov. Andrew M. Cuomo announced that all health care workers across the state would be required to have at least one dose of the vaccine by Sept. 27, with limited exceptions for those with religious or medical exemptions.

So, a third of (hospital?) workers who have direct patient contact hadn’t received a dose of the vaccine by late May? Remember: the vaccines were first made available to health care workers, so it’s not as though their opportunities were as limited as those of the general population.[2]For me, even though I was technically eligible at the beginning of March, the vaccine wasn’t actually available to me until April Fool’s Day, due to shortages. But, as we noted here, the Times itself reported, just three days ago, that ‘Nursing Is in Crisis’: Staff Shortages Put Patients at Risk: “When hospitals are understaffed, people die,” one expert warned as the U.S. health systems reach a breaking point in the face of the Delta variant. While I assume that that one-third ratio has declined some, it must still be fairly high, or the left wouldn’t be trying to force people to get vaccinated.

It has to be remembered: in a time where the supply of workers is low vis a vis the demand for them, workers have the power. When it comes to registered nurses, licensed practical nurses, certified nursing assistants, and medical technicians, even if they are not formally unionized, they have the primary strength of a union, that being the restriction on the supply of available workers. With hospitals and nursing homes experiencing a serious shortage of such personnel, every one that a hospital discharges for not getting the vaccine creates a difficult-to-fill position. The Times reported, on a small health care system:

    Nearly 30 percent of Singing River’s 500 beds are empty. With 169 unfilled nursing positions, administrators must keep the beds empty.

I’m waiting on the credentialed media to start telling us about the shortages of nurses and other personnel from the decisions to mandate the vaccine.

The Philadelphia Inquirer, on the other hand, is all about pushing vaccine mandates:

    Facing new vaccine mandates, more Philly-area residents are agreeing to COVID-19 shots

    COVID-19 vaccine mandates and requirements are here, and more are likely coming. Early evidence indicates they’re effective in reaching those reluctant to get a shot.

    by Jason Laughlin and Marie McCullough | Updated: August 23, 2021

    A growing number of people trickling into Philadelphia-area vaccine clinics this month very much don’t want to be there.

    What cut through reluctance, anxiety, or the cacophony of misinformation on social media, they said, and got them to roll up their sleeves, were the restrictions and mandates that are becoming increasingly common in the city and across the nation.

    “Basically I got boxed in a corner, I guess,” said Kittrell Norman, 33, who has side jobs that now require vaccination. “Until this started messing with my money no one could tell me any different.”

    The Pfizer vaccine’s winning full approval from the Food and Drug Administration on Monday is likely to make vaccine requirements and mandates even more common.

    This is a new phase of vaccination: Get tough.

    Restaurants, cruise lines, colleges, and a growing number of employers — hospitals, municipal governments, Amtrak, Citigroup — are telling workers and customers to prove they’ve been vaccinated or go elsewhere.

There’s more at the original, but if you read it, you might notice what I did: the mandates are working on people like Mr Norman, because he doesn’t have the kind of positions in which he can take the job loss, and, to be blunt about it, he can be more easily replaced than a registered nurse.

There are good reasons to get vaccinated, but I have to wonder: just how much are the left stiffening resistance by their mantra that You Must Comply?

References

References
↑1 To get around the Times’ paywall, you can also read it here.
↑2 For me, even though I was technically eligible at the beginning of March, the vaccine wasn’t actually available to me until April Fool’s Day, due to shortages.
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Lies, damned lies, and statistics

Why does Governor Andy Beshear (D-KY) have to lie to us? This is what he tweeted yesterday, after the state Supreme Court slapped him down:

The image to the left is not the tweet itself, but a screen capture, in case the Governor or his staff delete it. You can click either this link or the picture itself to see the original on Twitter.

Note the comparison dates: March 1 through August 18, 2021. The problem is that, other than for health care workers and people over 70, the vaccines were not available. Virtually every person hospitalized with COVID-19 problems was unvaccinated because they didn’t have the chance to get vaccinated.

The vaccine is a two shot series, with the Pfizer booster dose recommended 21 days after the first, and Moderna 28 days after the first. If the vaccine first became available to you on Monday, March 1, 2021, and you got the booster shot on Monday, March 29th, since you are not considered ‘fully vaccinated’ until 14 days after the second shot, you wouldn’t be considered fully vaccinated until Monday, April 12th!

Of course, the Governor was simply retweeting one by Dr Steven Stack, who is Kentucky’s Commissioner for Public Health. Are we supposed to believe that Dr Stack didn’t know those facts, that Dr Stack did not understand that by using statistics from prior to Kentuckians being able to get the vaccines, he was skewing the numbers?

Me? In a small, eastern Kentucky county, I wasn’t able to get the first dose until April Fool’s Day. Instead of 28 days later, I couldn’t get the second dose until Cinco de Mayo, because of whatever problems the county Health Department was having. That meant I wasn’t considered fully vaccinated until May 19th, which just happened to be our 42nd wedding anniversary, so at least those dates make it easy for me to remember.

Now, I do not disagree with the Governor that people should get vaccinated; I just see his tweet as wholly dishonest. Then again, I see the Governor as totally dishonest on just about everything.

As Governor Beshear and Dr Stack continue their efforts to persuade more Kentuckians to get vaccinated, perhaps they ought to consider that using rigged statistics does not help their cause, save among those not observant enough or smart enough to spot what they did. But, then again, that says someting as well: it tells us just what those two fine gentlemen think of Kentuckians.

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#VaccineMandates, unintended consequences, and the power of persuasion

We have previously noted that the vaccine mandate by Philadelphia’s Acting Commissioner for Health Cheryl Bettigole would have the unintended consequence of exacerbating the already short staffing of health care facilities. Now comes The New York Times:

    ‘Nursing Is in Crisis’: Staff Shortages Put Patients at Risk

    “When hospitals are understaffed, people die,” one expert warned as the U.S. health systems reach a breaking point in the face of the Delta variant.

    by Andrew Jacobs | August 21, 2021

    Cyndy O’Brien, an emergency room nurse at Ocean Springs Hospital on the Gulf Coast of Mississippi, could not believe her eyes as she arrived for work. There were people sprawled out in their cars gasping for air as three ambulances with gravely ill patients idled in the parking lot. Just inside the front doors, a crush of anxious people jostled to get the attention of an overwhelmed triage nurse.

    “It’s like a war zone,” said Ms. O’Brien, who is the patient care coordinator at Singing River, a small health system near the Alabama border that includes Ocean Springs. “We are just barraged with patients and have nowhere to put them.”

    The bottleneck, however, has little to do with a lack of space. Nearly 30 percent of Singing River’s 500 beds are empty. With 169 unfilled nursing positions, administrators must keep the beds empty.

    Nursing shortages have long vexed hospitals. But in the year and a half since its ferocious debut in the United States, the coronavirus pandemic has stretched the nation’s nurses as never before, testing their skills and stamina as desperately ill patients with a poorly understood malady flooded emergency rooms. They remained steadfast amid a calamitous shortage of personal protective equipment; spurred by a sense of duty, they flocked from across the country to the newest hot zones, sometimes working as volunteers. More than 1,200 of them have died from the virus.

    Now, as the highly contagious Delta variant pummels the United States, bedside nurses, the workhorse of a well-oiled hospital, are depleted and traumatized, their ranks thinned by early retirements or career shifts that traded the emergency room for less stressful nursing jobs at schools, summer camps and private doctor’s offices.

    “We’re exhausted, both physically and emotionally,” Ms. O’Brien said, choking back tears.

There’s a lot more at the original. For those who do not have a subscription to the Times, you can read it here for free.

The Times article notes that there are a huge number of hospitals which are very short staffed, but one point it ignores is the fact that the #VaccineMandates of do-gooders like Dr Bettigole and President Biden — whose #VaccineMandate applies only to nursing homes, not hospitals, can only reduce the number of registered nurses and certified nursing assistants available. It doesn’t matter what you think of their intentions; the consequences of their decisions can be very different from what they envision.

The Philadelphia Inquirer has an article from a week ago, which is still on their website’s main page, about hos the health care profession is trying to persuade, rather than force, people who have been resistant, to get vaccinated:

    Some people’s minds are changing about the coronavirus vaccine. Here’s how doctors persuade them.

    Deeply personal reasons are often why people who are initially reluctant decide to get vaccinated, said several physicians and vaccine providers.

    by Erin McCarthy | August 16, 2021

    Ritom Bhuyan wasn’t going to get the coronavirus vaccine. But three months ago, the 28-year-old rolled up his sleeve and got immunized.

    What changed his mind? The health of his 65-year-old father, who struggled with COVID-19 for a month after the family all caught the virus. Bhuyan realized he wanted to protect his dad by getting vaccinated.

    “My mom passed at a young age, so my dad’s all I have,” said Bhuyan, of Plymouth Meeting, “so when I saw him get sick with something potentially deadly, that kind of changed my mind.”

    These deeply personal reasons are often why people who are initially reluctant decide to get vaccinated, said several physicians and vaccine providers, and finding those connections may be key to increasing vaccination.

    With the delta variant sparking outbreaks in the country’s undervaccinated communities, causing case counts to rise across the Philadelphia region and prompting renewed masking rules, changing minds — and getting people to finally walk into a clinic and get their shot — has new urgency, they said.

    Doctors recommend patience. Six months into the vaccine rollout, they say, people who haven’t been vaccinated may require some convincing, and open, fact-based, nonjudgmental conversations with those they trust can help.

Nonjudgmental? That’s sure not what the left have been doing! We have noted how so many on the left have obviously never read Dale Carnegie’s book How to Win Friends and Influence People, preferring instead to calling the people they (supposedly) want to persuade “selfish or stupid.”

Some people could sell ice to Eskimos, but some of these guys couldn’t sell ice water in Hell.

It’s a fairly long article, and unlike with the Times, I don’t have a work around for those who are not Inquirer subscribers.[1]Both newspapers allow people a few free articles a month; if you aren’t a subscriber, but haven’t tried to open one of their articles recently, you can probably open the ones I have … Continue reading But it’s an article in which, rather than dripping with contempt and disdain for those who have chosen not to get vaccinated, is one which tries to illustrate that some — certainly not all — people who have been resistant to getting vaccinated can be persuaded.

References

References
↑1 Both newspapers allow people a few free articles a month; if you aren’t a subscriber, but haven’t tried to open one of their articles recently, you can probably open the ones I have referenced. I do pay for subscriptions to both, so if you want to help me pay for that content, click here 🙂 .
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The Kentucky Supreme Court slaps down Governor Andy Beshear But don't get too complacent; it might not be over just yet.

I was surprised, and a bit frustrated, when I heard that the Kentucky Supreme Court finally released its ruling on Governor Andy Beshear’s (D-KY) attempts to have declared invalid several laws passed by the General Assembly, over his vetoes, which restricted his emergency powers. Why frustrated? Because I wanted to write about them earlier, but I had to pick up the family at the airport in Louisville, and I had no computer available to me!

But the ruling? Not frustrated about that at all, save for the inordinate amount of time it took.

    Kentucky Supreme Court: New laws limiting Beshear’s emergency powers are valid

    By Jack Brammer and Karla Ward | August 21, 2021 | 3:43 PM EDT

    Governor Andy Beshear (D-KY)

    In a momentous legal defeat for Gov. Andy Beshear, the Kentucky Supreme Court in a rare Saturday decision ruled on the Democratic governor’s challenge of Republican-backed laws that limit his authority to enact emergency orders to help control the coronavirus pandemic.

    In a 34-page order, the state’s highest court unanimously said Franklin Circuit Court abused its discretion in blocking the new laws from taking effect and sent the case back to the lower court to dissolve the injunction and hear legal arguments about the constitutionality of each law.

    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.

Which is what I have been saying all along!

    Beshear had sought injunctive relief against the new laws, arguing that the legislation undermined his ability to respond to the COVID-19 pandemic and created a public health crisis that would result in increased disease and death. The governor sued the legislature and Attorney General Daniel Cameron.

    The Supreme Court in a decision written by Justice Laurance B. VanMeter of Lexington largely agreed with Cameron and lawmakers. Cameron argued that the challenged legislation does not prevent Beshear from responding to emergencies and simply requires him to work collaboratively with other officials — including the legislature — in emergencies that last longer than 30 days.

The Governor’s argument was simple: he just had to have the authority he claimed, because COVID-19 was so serious! Work collaboratively with other officials? On July 10, 2020, Mr Beshear stated that he wouldn’t involve the legislature because he believed that they wouldn’t do his bidding.

    Beshear was asked at Friday’s news conference on COVID-19 why he has not included the legislature in coming up with his orders. He said many state lawmakers refuse to wear masks and noted that 26 legislators in Mississippi have tested positive for the virus.

And now he has found out that he isn’t a dictator!

Republican candidates for the General Assembly ran against the Governor’s authoritarian decrees, and the voters of the Commonwealth rewarded the GOP with 14 additional seats in the state House of Representatives, and two more seats, out of 17 up for election, in the state Senate. Republicans hold a 75-25 majority in the House, and 30-8 majority in the Senate. It takes only a ‘constitutional majority,’ more than 50% of the full membership of each chamber, to override a gubernatorial veto, not a 2/3 supermajority, as people are familiar with when it comes to the federal government, but the GOP has more than a 2/3 majority in each chamber.

    A spokeswoman for the governor responded to the decision Saturday afternoon, saying Beshear “has had the courage to make unpopular decisions in order to keep Kentuckians safe — the court has removed much of his ability to do so moving forward.”

    Crystal Staley said in a statement that “the court’s order will dissolve Kentucky’s entire state of emergency for the COVID-19 pandemic. It either eliminates or puts at risk large amounts of funding, steps we have taken to increase our health care capacity, expanded meals for children and families, measures to fight COVID-19 in long-term care facilities, worker’s compensation for front-line workers who contract COVID-19 as well as the ability to fight price gouging.”

    “It will further prevent the governor from taking additional steps such as a general mask mandate,” she said.

And that, of course, is exactly what Kentucky’s voters were trying to do, what they wanted done, when they gave Republicans such strong majorities in the General Assembly.

Miss Staley continued to say that the Governor is assessing whether calling the legislature into special session — the Governor has the authority to call our part-time legislature into special session, but the legislature itself does not have the authority to call itself back into session — would do any good, whether the General Assembly would give him anything he wants. The Governor’s toady jurist, Franklin Circuit Judge Phillip Shepherd, who always sided with Mr Beshear when he was Attorney General, trying to frustrate then Governor Matt Bevin’s (R-KY) actions, blocked House Joint Resolution 77, in which the legislature authorized extensions of some of the Governor’s executive orders, because HJR 77 assumed that Senate Bill 1, which limited the Governor’s emergency decrees to 30 days without legislative approval for extension, was valid, and Judge Shepherd had stayed that law as well. HJR 77 did not grant approval to extend the hated mask mandate.

The legislature, in fact, indicated a willingness to work with the Governor, but Judge Shepherd didn’t want any of that!

    The most prominent he has in place now is his Aug. 10 executive order requiring almost all teachers, staff and students in K-12 schools, child care and pre-kindergarten programs across Kentucky to wear a mask indoors. It applies for 30 days and leaves open the indefinite possibility for renewal. A U.S. district judge’s ruling Thursday temporarily blocked that order in at least one school district. Beshear has asked that it be dissolved.

    The state Board of Education on Aug. 12 implemented its own emergency regulations requiring a mask mandate for students for most of this school year, and the Department for Public Health did the same for child care facilities. A legislative panel has since found those regulations deficient, but Beshear overrode that decision. One of the new laws might limit those emergency regulations to 30 days.

That order included not just public schools, over which the state Board of Education has some authority, but private schools and private daycare centers.

The state Board of Education claimed that today’s decision has no legal impact on their emergency regulations, which run for 270 days, the entire school year. I had previously speculated that Governor Beshear already knew that he lost his case with the Supremes, and pushed to get those regulations put in place to that his authoritarian decrees would continue despite the loss. The Kentucky School Boards Association urged that interested parties go slow in responding, which means that they don’t want anybody filing lawsuits challenging the KBoE’s emergency regulations.

Of course, the KBoE acted because, after the Governor urged, but did not mandate, that local school boards institute mask mandates, some local boards chose against such mandates, so the Governor, who had asked for cooperation decided that he was just going to make it an order.

However, this is not a complete victory. The state Supreme Court remanded the decision back to Judge Shepherd[1]Cameron v Beshear, 2021-SC-0107-I (2021), page 2., with an order to dissolve the injunctions, but that does not in any way prevent the Governor’s toady from finding for Mr Beshear again.

This part is important:

    Another rule of interpretation is that we “‘presum[e] that the challenged statutes were enacted by the legislature in accordance with constitutional requirements.’” Acree, 615 S.W.3d at 805 (quoting Cornelison v. Commonwealth, 52 S.W.3d 570, 572 (Ky. 2001)). “A constitutional infringement must be ‘clear, complete and unmistakable’ in order to render the statute unconstitutional.” Caneyville Volunteer Fire Dep’t v. Green’s Motorcycle Salvage, Inc., 286 S.W.3d 790, 806 (Ky. 2009) (quoting Ky. Indus. Util. Customers, Inc. v. Ky. Utils. Co., 983 S.W.2d 493, 499 (Ky. 1998)). Considering that the General Assembly is the policy-making body for the Commonwealth, not the Governor or the courts, equitable considerations support enforcing a legislative body’s policy choices. In fact, non-enforcement of a duly-enacted statute constitutes irreparable harm to the public and the government.[2]Cameron v Beshear, 2021-SC-0107-I (2021), pages 16-17.

The Court affirmed that it is the General Assembly which makes the laws, not the Governor.

But here’s the kicker:

    These items noted, we do not believe this issue has been adequately addressed by the parties and therefore make no definitive pronouncement concerning the constitutionality of thirty-day limitation contained within the 2021 legislation. . . . .[3]Cameron v Beshear, 2021-SC-0107-I (2021), page 22.

    In sum, considering that the challenged legislation was lawfully passed, the Governor’s Complaint does not present a substantial legal question that would necessitate staying the effectiveness of the legislation. And as the equities clearly favor implementation of the legislation pending an adjudication of its constitutionality, we conclude that the Franklin Circuit Court abused its discretion in finding otherwise. Thus, we remand this case to the Franklin Circuit Court with instructions to dissolve the injunction. This case is reversed and remanded to the Franklin Circuit Court for further proceedings consistent with this Opinion. In the event certain sections of the 2021 legislation may be ultimately found invalid, the likely remedy may be severability.[4]Cameron v Beshear, 2021-SC-0107-I (2021), page 27.

If, upon hearing the arguments at trial, Judge Shepherd decides that the 30 day limit in Senate Bill 1 is unconstitutional, it could, once again, empower the Governor to issue draconian decrees. We waited half a year for the state Supreme Court to rule that Judge Shepherd’s injunctions were improper, half a year in which the authority of the General Assembly in passing the laws was violated, half a year in which some of our constitutional rights were violated. The Court made clear that the Governor’s authority is not implicit, but is defined by the state legislature, so it would be a high bar that the Governor would have to clear to argue successfully that Senate Bill 1 is unconstitutional, but, with a sycophant judge like Mr Shepherd, anything is possible.

References

References
↑1 Cameron v Beshear, 2021-SC-0107-I (2021), page 2.
↑2 Cameron v Beshear, 2021-SC-0107-I (2021), pages 16-17.
↑3 Cameron v Beshear, 2021-SC-0107-I (2021), page 22.
↑4 Cameron v Beshear, 2021-SC-0107-I (2021), page 27.