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.”

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.”

Translation: the Judge recognized the legislature’s authority to change the law, but didn’t think that the legislature’s actions were wise ones. Who knew that a judge had the authority to decide that a legitimately passed law was simply unwise?

One of Governor Beshear’s arguments was that the legislature might not approve extensions of his executive orders, which the held-in-abeyance Senate Bill 1 limited to 30 days without legislative approval. The legislature passed House Joint Resolution 77, passed to go along with Senate Bill 1, which granted the Governor extensions on some, but not all, of his executive orders.

Kentucky governor notches another court victory for his emergency COVID-19 orders

By Jack Brammer | April 8, 2021 | 9:26 AM EDT | Updated April 8, 2021 | 12:45 PM EDT

Franklin Circuit Judge Phillip Shepherd has added another legislative measure to the temporary injunction he issued earlier this year to block laws that limit Gov. Andy Beshear’s powers to deal with the coronavirus pandemic and other emergencies.

The judge’s nine-page order handed down late Wednesday afternoon temporarily blocks House Joint Resolution 77. The move keeps Beshear’s COVID-19 restrictions in effect, including the mask mandate.

The resolution, sponsored by House Speaker David Osborne, was enacted by the legislature to implement Senate Bill 1, which would limit the governor’s emergency orders, such as one that requires Kentuckians to wear a face covering in public, to 30 days unless the legislature extends them. . . .

In blocking the resolution, Shepherd said, “In general, it appears that the General Assembly has ratified the governor’s actions related to economic relief for regulated businesses and professions but has attempted to impose a general termination of executive authority to impose public health restrictions (such as masking in public, social distancing, seating capacity or limitations on public gatherings.)“

“Whether HJR 77 represents a valid exercise of legislative authority or an unconstitutional usurpation of executive authority” is a legal issue that supports the issuance of a temporary injunction, Shepherd said.

The judge called Beshear’s existing executive orders and emergency regulations “proper responses to a public health crisis.”

“They should remain in full force and effect until the entry of a final judgment or until after notice and a hearing on any motion to terminate any such specific executive action,” he said.

That pretty much tells you how Judge Shepherd will rule; he thinks that the Governor’s orders were the proper responses.

Fortunately, our would be dictator isn’t having it all his way!

KY judge blocks Beshear’s COVID-19 orders at some restaurants and bars

By Jack Brammer | April 9, 2021 | 01:18 PM EDT | Updated April 9, 2021 | 4:00 PM EDT

A Kentucky judge has temporarily blocked the state from enforcing some of Gov. Andy Beshear’s executive COVID-19 orders against several restaurants and breweries.

The preliminary injunction issued Friday by Scott Circuit Judge Brian Privett runs counter to recent actions by Franklin Circuit Judge Phillip Shepherd, which blocked the implementation of new laws that would have ended some of Beshear’s emergency restrictions against the coronavirus pandemic.

Oliver Dunford, an attorney with Pacific Legal Foundation who represented the businesses, said the differing rulings “probably will expedite all this going to the Kentucky Supreme Court for a final court decision.”

“We are thrilled that Judge Privett issued the injunction, which prevents the governor from enforcing the restrictive orders against our clients,” said Dunford “The order recognizes that the governor is obligated to follow the laws, just like everyone else.”

Beshear spokeswoman Crystal Staley said late Friday afternoon that Privett’s ruling has been appealed to the Kentucky Court of Appeals.

Well, of course he has!

Judge Privett’s orders are narrow in scope, but by appealing them to the state Court of Appeals, this may well move the decisions out of Judge Shepherd’s court, where he has been slow-walking everything in what appears to be an effort to give Governor Beshear as much time as possible on his repugnant orders before a legal decision is reached.

“This action, at its most basic level, is simple,” said Privett in his order “The governor has two kinds of power: those given to him in the Constitution, and those given to him by the legislature under statute. The emergency powers of the governor at issue in this case are not inherent.”

The state constitution limits the General Assembly to a thirty-day session in odd-numbered years, and the legislature is done for the year, unless the Governor calls them back into a special session, which he will do about as soon as Hell freezes over, unless the state Supreme Court eventually upholds Senate Bill 1. We can expect no saving by the legislature now before next year.

But what really needs to happen is for the voters of the Commonwealth of Kentucky to vote out this wannabe dictator in the 2023 elections. He needs to be sent home, his tail between his legs, and a conservative Governor, one who respects our constitutional rights, elected to replace him.