It has come awfully late in the game, but at last it has come! Governor Beshear has been slapped down by the courts!

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As we have frequently noted, Governor Andy Beshear (D-KY) has been trying to run out the clock with his ’emergency’ decrees under KRS 39A. The Kentucky state Supreme Court, on April 16th, decided to hold a hearing on the disagreement between courts in Franklin and Scott counties over the Governor’s executive orders, and then set June 10th, a date then eight weeks into the future, for a hearing.

On May 6th, Governor Beshear announced that he would loosen the restrictions, but not eliminate them entirely, effective just before the Memorial Day weekend. Then, on May 14th, the Governor announced that almost all restrictions would be lifted on Kentuckians, including the hated mask mandate, even for those who are not vaccinated against COVID-19. He had, the previous day, followed the Centers for Disease Control’s recommendations, and stated that “fully vaccinated” Kentuckians could dispense with face masks.

Well, today is June 8th, just two days before the state Supreme Court hears oral arguments, and three days before our dictatorial Governor will (supposedly) lift almost all of his emergency COVID-19 orders. But today, the Boone County Circuit Court declared the Governors actions to be illegal and unconstitutional.

THEREFORE, JUDGMENT IS HEREBY ENTERED in favor of Plaintiff and DECLARATORY RELIEF is GRANTED in that the Court finds and declares that all actions taken by Defendants, Hon. Andrew Beshear, as Governor, Mr. Eric Friedlander, as acting Secretary of the Cabinet for Health and Family Services, and Dr. Steven Stack, M.D., as Commissioner for the Department of Public Health, and all emergency orders imposed by said defendants, or that are being continued by said defendants, are unconstitutional, void and without any legal effect, to the extent that the same are in conflict with, or otherwise contrary to, House Bill 1, Senate Bill 1, Senate Bill 2, and House Joint Resolution 77, as passed by the 2021 session of the General Assembly.

Here’s the decision:

Boone Circuit Court Order by Chris

This should have come at the end of March, not today, but it is at least a bit of a relief that it has occurred.

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2 thoughts on “It has come awfully late in the game, but at last it has come! Governor Beshear has been slapped down by the courts!”

  1. Republicans in Pennsylvania are also ending the tyrannical dictates of a Democratic Governor:

    House votes to end governor’s pandemic disaster declaration

    If it passes the Senate, Gov. Tom Wolf’s emergency declaration, extended since March 2020, would expire as soon as the state’s May 18 primary election results are fully certified.

    by Mark Scolforo, The Associated Press | June 8, 2021

    HARRISBURG, Pa. — Pennsylvania’s House of Representatives voted on party lines Tuesday to put an end to the governor’s pandemic disaster emergency declaration, less than a month after voters dramatically expanded lawmakers’ powers to control such declarations.

    The 113-90 vote sent the Republican-penned measure over to the Senate, where the GOP also holds a substantial majority. If it passes the Senate, Gov. Tom Wolf’s emergency declaration, extended since March 2020, would expire as soon as the state’s May 18 primary election results are fully certified.

    “The people have spoken,” House Majority Leader Kerry Benninghoff, R-Centre, said after the vote. “That’s why it went to referendum.”

    Wolf, a Democrat, has no role in signing or vetoing the resolution. Earlier Tuesday, Wolf said he supported the Republican effort to rein in his authority over pandemic mitigation efforts.

    “I support what they’re doing,” Wolf said after an unrelated news conference outside the state Capitol. “We’re all trying to make this work out.”

    State regulations that have been suspended or waived under the disaster declaration will go back into effect, although that process in some cases may take months. The resolution may also affect Pennsylvanians’ ability to get additional food subsidies.

    It ends Wolf’s waiver of a work-search requirement for hundreds of thousands of people who collect unemployment benefits and stops the administration’s use of emergency procurement procedures.

    Other than a masking order, all mitigation orders have already been phased out, and Wolf’s administration had outlined a schedule for resumption of job search requirements.

    Other than the mask mandate, the most visible symbol of compliance with authoritarian government. While Governor Wolf has basically gotten away with his dictatorship, at least now it’s ending.

  2. Pingback: The Pennsylvania state legislature slaps down Governor Tom Wolf – THE FIRST STREET JOURNAL.

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