Tag Archives: #AndyBeshear

Posted on by

Andy Beshear: Lying through his scummy teeth!

As we have previously noted, the state Supreme Court has consolidated the cases against the General Assembly’s new laws restricting Governor Andy Beshear’s (D-KY) ’emergency’ powers under KRS 39A, and a lawsuit against the Governor exercising those powers. The state Court then set June 10th, then eight weeks away, to hear oral arguments in the cases. That means, in effect, that the Governor will continue to exercise authority the General Assembly denied him, for at least 3½ months after the state legislature took its action, and, in all likelihood, a couple of months after that.

Governor Andy Beshear (D-KY)

Several lawsuits were filed in state courts last year to stop the Governor’s emergency decrees under KRS39A. On July 17, 2020, the state Supreme Court put a hold on all lower court orders against Mr Beshear’s orders and directed that “any lower court order, after entry, be immediately transferred to the clerk of the Supreme Court for consideration by the full court.” Three weeks later, the  Court set September 17, 2020, another five weeks later, to hear oral arguments by both sides.

The Court then waited for eight more weeks to issue its decision, until November 12, 2020, which upheld the Governor’s orders.

If the Kentucky Supreme Court, officially non-partisan but in practice controlled by the Democrats, follows the same pattern, a second eight week delay will mean a decision around the first week of August! Even if that decision supports the duly passed laws of the General Assembly, the state courts will have given the Governor half a year to exercise power that the General Assembly restricted.

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.

‘A huge relief.’ Businesses, politicians celebrate end of KY COVID-19 restrictions.

By Alex Acquisto and Daniel Desrochers | June 11, 2021 | 6:00 AM | EDT | Updated: 7:45 AM EDT

A year of mask-wearing and social distancing ends Friday, as Kentuckians were given clearance to stop taking routine precautions against spread of COVID-19 for the first time since the virus initially invaded the state.

Gov. Andy Beshear first required masks be worn in public places and around others outside one’s household in July of 2020 as a way to blunt the spread of the disease and has renewed that order each month since.

On Friday, that order was lifted, along with restrictions on crowd capacity in restaurants and most other businesses, ripping off the state’s COVID-19 protective band-aid.

So, despite the best efforts of Republicans, Governor Beshear has pretty much gotten away with his dictatorial and unconstitutional actions. At this point, the battle is to keep him from being able to do it again.

KY Supreme Court hears arguments on limiting the governor’s power during emergencies

By Jack Brammer | June 10, 2021 | 1:37 PM EDT | Updated June 11, 2021 | 7:57 AM EDT

A day before Gov. Andy Beshear is to remove most COVID-19 restrictions in Kentucky, the state Supreme Court on Thursday heard arguments on Beshear’s challenge of Republican-backed laws that limit his authority to respond to the coronavirus pandemic and other emergencies.

Chief Justice John D. Minton Jr. said after nearly two hours of oral arguments on two related cases that the state’s highest court will rule “as quickly as we can.” A decision is not expected for several weeks.

The state Supreme Court last year unanimously ruled that Beshear’s orders were legal but that was before the legislature passed laws earlier this year restricting the governor’s powers.

There’s a lot more at the original, but basically the Governor’s attorney was arguing that the Governor had to have the powers he exercised.

After the court hearing, Beshear told reporters that a governor’s emergency powers certainly “have to be large enough with a one-in-every-hundred year pandemic that creates the deadliest year in our history, it has to be significant and strong enough to do what’s necessary there.”

“You look back at different things that this legislature has tried to do in the midst of this pandemic and they would have not had the courage to step up and mandate masks, which we know from the experts is absolutely necessary,” he said. “We would have looked like the Dakotas and not what we looked like here in Kentucky.”

The Governor was lying through his scummy teeth. The laws did not prevent him from issuing declaring a state of emergency or issuing executive orders under it; what hey did was to limit those orders to thirty days unless the General Assembly specifically authorized an extension. The legislature passed House Joint Resolution 77, which granted extensions to some, but not all, of the Governor’s executive orders, but did not include the hated mask mandate, and then highly partisan Judge Phillip Shepherd issued an injunction against that, saying that the Governor’s existing executive orders and emergency regulations constituted “proper responses to a public health crisis.” That’s a political judgement, not a legal one.

Mr Beshear was pissed off that the legislature did not agree with all of his executive order, only some of them. Saying that the legislature “would have not had the courage to step up and mandate masks, which we know from the experts is absolutely necessary” is a political argument, not a legal one.

Republicans, frustrated by the courts’ refusal to rein in the Governor’s mandates, ran against the Governor and his actions in the 2020 elections, and the voters rewarded Republicans with 14 additional seats in the state House of Representatives, for a 75-25 majority, and two additional seats in the state Senate, out of 17 being contested, for a 30-8 majority in that body. The state legislature, in passing the bills at the beginning of this year’s session, was doing whet the voters of Kentucky wanted them to do. The Governor does not like that the voters did not agree with his dictates.

Mr Beshear, who was very, very, very concerned about the law when he was state Attorney General and doing his best to frustrate Governor Matt Bevin (R-KY), doesn’t seem to care much about the law anymore, not when the law is a problem for him. He has argued necessity, as though the Governor’s personal judgement of what is necessary somehow trumps or supersedes the law.

Well, not just no, but Hell no! The law is the law, and the constitution is the constitution, and no Governor, not Mr Beshear or anybody else, should have the authority to just suspend or ignore parts of it.

Alas! I am not confident that the state Supreme Court will follow the law; they’ve been far too compliant with the Governor’s wishes. But, with the restrictions over, there is no reason at for the justices to ignore the laws passed by the General Assembly other than the argument of what might happen sometime in the future.

The real solution for Kentuckians will come on November 7, 2023, when they will have the chance to vote this wannabe dictator out of office.

Posted on by

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

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.

Posted on by

On lying

Though I have refused to carry my vaccination record, as some form of #VaccinePassport, I have stated publicly that I did receive the Moderna vaccine shots, interestingly enough on April Fool’s Day and then Cinco de Mayo.

The Centers for Disease Control stated, on May 13th, that “fully vaccinated” people could dispense with face masks and “social distancing.” Now, I have been fighting as hard as I can Governor Andy Beshear’s (D-KY) authoritarian dictates, not that fighting has done much good; he has gotten away with his illegal and unconstitutional actions. The Governor has stated that he will lift almost all of his COVID-19 executive orders on June 11th, and already lifted the mandatory mask order for those “fully vaccinated” when the CDC guidance was issued.

I, of course, had never worn a mask outdoors, and only did so indoors at the insistence of property owners.

But, with my status of being “fully vaccinated” not occurring until May 19th,[1]May 19th is special to me as well, because it is Mrs Pico’s and my wedding anniversary. For some unknown reason, she has put up with me for 42 years now! fourteen days after my second dose of the vaccine, I was presented with a dilemma on Sunday, May 16th. The Bishop of Lexington, and my individual parish, stated the same thing, that “fully vaccinated” parishioners could attend Mass indoors without a mask.

Now, I have not believed that a mask was necessary at all, and have noted before that the forecasts that Texas would see doom, doom, doom! for dropping its mask mandate on March 10th instead resulted in the Lone Star State seeing a precipitous drop in cases, but Mass, being held three days prior to achieving that mythical “fully vaccinated” status meant that if I attended Mass without a mask, I would be, in effect, lying to my pastor, to our church sister, and to the other parishioners, concerning my vaccine status. Yes, I wanted to, will always want to, fight the Governor’s illegal and unconstitutional restrictions, but the change in the regulations, which have always been political, also meant a change in the nature of telling the truth. Not wearing a mask previously was a political action, a statement of resistance, and it was not a statement of vaccine status. Once the CDC and the Governor took their actions, not wearing a mask also became a statement that one was fully vaccinated.

Thus, from May 13th through 18th, not wearing a mask indoors would be, for me, the public telling of a lie.

I chose not to lie!

Come June 11th, if the Governor has not lied — and if Mr Beshear told me that 2+2=4, I would check his math — wearing or not wearing a mask is no longer a point of truth-telling. But, until then, not wearing a mask can be interpreted as a public statement, “I have been vaccinated.” Concomitantly, wearing a mask when you have been fully vaccinated can be interpreted by others as a statement that you have not been vaccinated, and might be an #antivaxxer.

So, at Mass on May 16th, I wore a mask, and did not lie. On Sunday, May 23, which just happens to be one year since we were so graciously ‘allowed’ to return to Mass, I did not.

Attendance at Mass should not be a political act, but our Governor has made it one, and I have not missed Sunday Mass once since the Diocese of Lexington has reopened.

References

References
↑1 May 19th is special to me as well, because it is Mrs Pico’s and my wedding anniversary. For some unknown reason, she has put up with me for 42 years now!
Posted on by

Why June 11th?

We have been saying, all along, that Governor Andy Beshear (D-KY) has been playing politics with his COVID-19 executive orders, planning on ending them just in time for the state Supreme Court to simply declare the cases against him moot rather than rule on them.

The state Supreme Court has consolidated the cases against the General Assembly’s new laws restricting Governor Andy Beshear’s (D-KY) ’emergency’ powers under KRS 39A, and a lawsuit against the Governor exercising those powers. The state Court then set June 10th, eight weeks after consolidating those cases, for oral arguments.

From the Lexington Herald-Leader:

‘Back to normal.’ Beshear removing almost all COVID-19 restrictions in KY on June 11.

By Alex Aquisto | May 14, 2021 | 10:58 AM | Updated 11:55 AM EDT

Kentucky will return to full capacity everywhere and fully lifts its mask mandate in less than a month, ending more than a year of COVID-19-related restrictions, Gov. Andy Beshear announced on Friday.

“We will return to 100% capacity for all venues and events in exactly one month, on June 11 . . . [and] life will be almost fully back to normal,” the governor said in a live update. That day, the state will also rescind its mask mandate for everyone, including those who are unvaccinated, “with the exceptions of places where people are the most vulnerable,” he said.

Beshear is waiting a month to fully lift those restrictions to allow time for adolescents ages 12-15 to get vaccinated. That age group was given the green light by federal health agencies earlier this week to receive the Pfizer-BioNTech shot, and most vaccination sites in Kentucky just began administering doses to those teens on Thursday.

“One months also gives notice and time to everyone else who has not yet received their [dose],” Beshear said.

So, what is so magical about June 11th? It’s a Friday, but what makes conditions different on June 11th than on June 9th? It’s four weeks from today, but who knows what will happen in four weeks?

Ahhh, but it’s one day after June 10th, the day the state Supreme Court will hear oral arguments against the Honorable Mr Beshear’s[1]Some of the commenters on Patterico’s Pontifications have complained about me referring to the Governor as Reichsstatthalter, the German title of Reich Governor, so I decided to use only decent … Continue reading illegal and unconstitutional actions, and he can argue to the Justices, ‘hey, everything’s going back to normal tomorrow, so everything is moot, there’s no case, let’s just drop it.’

But there are a couple of problems with that:

  1. If the cases are simply dropped, if our distinguished Governor decides that his edicts need to be reimposed, the legal process will start all over again, giving him yet more time, once he gets partisan Democratic Judge Phillip Shepherd to give him another injunction against enforcement of the laws.
  2. If the cases are simply dropped as moot, our noble Governor will have gotten away with restricting the constitutional rights of all Kentuckians, with no penalty.

It’s clear: with the support of too many of the sheeple, our rights will have been restricted for fifteen months, and the Governor will walk away smiling. The only thing we will be able to do is defeat him for re-election, and that won’t happen until 2023.

The voters of the Commonwealth of Kentucky gave Republicans, Republicans who were running against our well-meaning Governor’s executive decrees, fourteen additional seats in the state House of Representatives, for a 75-25 Republican advantage, and two more seats, out of just seventeen up for election, in the state Senate, for a 30-8 Republican advantage. The voters wanted to stop Governor Beshear’s actions, but a partisan judge, and an officially non-partisan but practically Democrat-controlled state Supreme Court, allowed him to escape the democratically-elected will of the people.

Yes, this makes me angry.

References

References
↑1 Some of the commenters on Patterico’s Pontifications have complained about me referring to the Governor as Reichsstatthalter, the German title of Reich Governor, so I decided to use only decent and pleasant adjectives to refer to Mr Beshear. Some readers here might think I am using such adjectives sarcastically, and I shall not disabuse them of that thought.
Posted on by

Andy Beshear tries to finesse his #COVID19 orders to escape a state Supreme Court decision

As we have previously noted, the state Supreme Court has consolidated the cases against the General Assembly’s new laws restricting Governor Andy Beshear’s (D-KY) ’emergency’ powers under KRS 39A, and a lawsuit against the Governor exercising those powers. The state Court then set June 10th, then eight weeks away and still more than a month away, to hear oral arguments in the cases. That means, in effect, that the Governor will continue to exercise authority the General Assembly denied him, for at least 3½ months after the state legislature took its action, and, in all likelihood, a couple of months after that.

Several lawsuits were filed in state courts last year to stop the Governor’s emergency decrees under KRS39A. On July 17, 2020, the state Supreme Court put a hold on all lower court orders against Mr Beshear’s orders and directed that “any lower court order, after entry, be immediately transferred to the clerk of the Supreme Court for consideration by the full court.” Three weeks later, the  Court set September 17, 2020, another five weeks later, to hear oral arguments by both sides.

The Court then waited for eight more weeks to issue its decision, until November 12, 2020, which upheld the Governor’s orders.

If the Kentucky Supreme Court, officially non-partisan but in practice controlled by liberals, follows the same pattern, a second eight week delay will mean a decision around the first week of August! Even if that decision supports the duly passed laws of the General Assembly, the state courts will have given the Governor half a year to exercise power that the General Assembly restricted.

And now? The Governor is trying to make most of the cases moot:

COVID-19 capacity restrictions lifting to 75% at most Kentucky businesses on May 28

By Alex Aquisto | May 6, 2021 4:57 PM EDT | Updated May 6, 2021 | 5:34 PM

Governor Andy Beshear (D-KY)

Indoor and outdoor businesses in Kentucky serving fewer than 1,000 people can increase capacity to 75% at the end of the month, Gov. Andy Beshear said Thursday, as he announced 655 new cases of COVID-19 and six virus-related deaths.Capacity restrictions right now for these businesses are at 60%. Beshear also said people gathering indoors “for private gatherings and for business” no longer have to wear a mask, as long as “100% are fully vaccinated.” That change goes into effect immediately.

Additionally, for businesses and events serving more than 1,000 people outdoors, Beshear increased their operating capacity from 50% to 60%. Both capacity increases go into effect May 28. Beshear said he expects the state will have no coronavirus capacity restrictions by July.

Translation: by the time the state Supreme Court will probably rule, there will be far fewer restrictions in place, and the Governor will argue that makes the cases moot. The Court would like nothing better than to simply dismiss the cases as moot, and you can bet your last euro that the Court would notify the Governor before any decision is announced what it would be and when it would be issued.

Governor Beshear said that Texas decision to drop mask mandates “will increase casualties,” but COVID cases there have dramatically declined.

We noted on Thursday that Governor Tom Wolf (D-PA) was lifting his restrictions on Memorial Day, May 31st, and asked why he was going to ruin 2/3 of the holiday weekend and then suddenly declare, on the final day, that no restrictions were needed. At least Governor Beshear recognized the silliness of that!

The Governor’s latest thirty-day renewal of the illegal and repugnant mask mandate expires on Thursday, May 27th, at 5:00 PM EDT, just before his other COVID-19 restrictions are scheduled to be weakened, but I wouldn’t be surprised to see him issue that one again.

Reiterating that Kentucky will not be repealing its mask mandate anytime soon, Gov. Andy Beshear announced 1,068 new cases of COVID-19 in Kentucky on Thursday, as well as 28 virus-related deaths.

Earlier this week, Republican governors in Texas and Mississippi lifted coronavirus restrictions, repealing their states’ mask mandates and reopening businesses to full capacity. Kentucky will not do that, Beshear said.

“We’re going to continue to lose people until we’re fully out of the woods and everybody is vaccinated,” he said in a live update. “That’s the reason we’re not going to do what Texas or Mississippi has done. Those decisions will increase casualties when we just have maybe even a matter of months to go.”

Except, of course, those decisions did not increase casualties, the seven day moving average of new cases in the Lone Star state being down to 2,651 as of May 6th, the lowest figure since June 17, 2020, while Mississippi is seeing a seven-day moving average of 182 new cases per day, a number not seen since April 14, 2020. Regardless of what the so-called ‘experts’ have told us, the empirical evidence has been that ending the mask mandates has not led to more cases, but, hey, dictators gotta dictate!

If Governor Beshear does not extend the mask mandate past July, virtually all of the cases on the laws would turn moot, so the Governor would not have a decision recorded against him; the state Supreme Court would simply dismiss everything. But that leaves open the possibility that, in a future ’emergency,’ or if COVID-19 cases suddenly increase again, that our authoritarian Governor would once again try to restrict the rights of Kentuckians.

This Governor needs to be slapped down, and slapped down hard, but the only way that will really happen is at the ballot box, in November of 2023.

Posted on by

Even The Philadelphia Inquirer realizes that people are getting fed up with #COVID19 restrictions Once rights have been lost, they are very difficult to regain

Joe Biden defeated Donald Trump 3,458,229 (50.01%) to 3,377,674 (48.84%) in Pennsylvania, but in Philadelphia County, Mr Biden’s margin was 603,790 (81.44%) to 132,740 (17.90%), 471,050 votes, far greater than the 81,660 votes by which President Trump lost the Keystone State. I think it fair to say that Philadelphia is a very heavily Democratic area.

So, when I see The Philadelphia Inquirer, itself a very liberally-oriented newspaper, telling readers that Philadelphians are individually rebelling against the mask mandates of Governor Tom Wolf (D-PA) and Mayor Jim Kenney (D-Philadelphia), I take note.

After a year of pandemic, wearing masks outdoors is up for debate

Even as the city holds firm with its mask mandates, Philadelphians are making their own decisions about whether to mask or not.

by Laura McCrystal and Jason Laughlin | Earth Day, April 22, 2021

White and pink pastel blossoms frosted the trees beneath a blue sky Tuesday afternoon in Old City, the kind of spring day that makes long sleeves optional. For many, though, masks were not.

“I do it because it’s the right thing to do,” said Ellen Stroman, as she walked by the colonial columns of the Shambles near Second and Pine Streets with her husband, their daughter, and dog.

Is it? Mrs Stroman was walking with her husband and her daughter, presumably members of her own household. If any of them have the China virus, then they all have it. If “it’s the right thing to do,” then the right thing for Mrs Stroman is to signal her virtue, not somehow fight the virus.[1]See here for my explanation as to why I have started to, occasionally, call it the China virus

There is ample evidence that masks help prevent COVID-19′s spread, and their value indoors, where transmission is almost 19 times more likely than outside, isn’t disputed. The risk of infection outside, especially through passing contact, appears much lower. Researchers have found COVID-19 spreads primarily through aerosols expelled by activities like talking, singing, sneezing, or coughing, and those disperse quickly in open air. Sunlight and humidity also play roles in reducing the risk of outdoor transmission. A letter to the German government from the Association for Aerosol Research this month stated, “Transmission outdoors is extremely rare and never leads to cluster infections as can be observed indoors,” according to Germany’s international broadcaster, Deutsche Welle.

The mass protests in summer 2020 that followed George Floyd’s death didn’t appear to cause coronavirus case surges in Philadelphia, and evidence is uneven about what role, if any, protests played in transmission nationwide.

Heaven forfend! Is the Inquirer, that bastion of the #woke, telling us that the authoritarian decrees of the Governor and Mayor might not be justified?

The Atlantic published an article recently asking whether it was time to consider lifting outdoor-masking mandates, noting confirmed cases of outdoor transmission almost always include close conversation or yelling. Once a person is vaccinated, the risk of being infected outdoors is “microscopic” to “nonexistent,” the magazine reported.

The article notes what we’ve all known: mask wearing has become highly politicized.

That highlights the unusual intersection of biology and social science that health experts and the public have navigated over the last year. Masks have moved beyond a public health precaution to become variously a courtesy, an indicator of solidarity, a symbol of respect for science — or a sign of reluctant acquiescence to government control. Some are so adamant about refusing to wear them they won’t enter places where they’re required.

“In America it’s been politicized,” said Eric Zillmer, a professor of neuropsychology at Drexel. “If you’re wearing a mask, you’ve kind of bought into the idea that there is danger.”

No, it means that you have bought into the idea that the government can tell you what to do and how to live your life!

I never wear a mask outside. If I am entering someone’s private property, and they have a notification up that they will decline service if I am not wearing a mask, I will comply; it is, after all, their private property. But, several times recently, I’ve come across businesses in which they have the signs up, but once inside I note that masks are optional, at which point I immediately exercise that option.

There were several paragraphs about how different people were behaving concerning mask wearing and, as usual, the obsessive controlling nature of government officials, but this is the one that struck me:

On the streets of Philadelphia, people make their own subtle adjustments. Some were masked up on a warm afternoon this week, while others went entirely without. Some kept masks ready to quickly put on if another person came nearby.

Uhhh, if you are outside, without a mask, and someone else chooses to come nearby, that’s on them, and they have clearly decided that they are not worried or do not care.

Well, we’re having a family gathering this Sunday, on our farm, of at least three households, and I guarantee you, there won’t be any masks worn! That will put us all in violation of Governor Andy Beshear’s (D-KY) latest executive order:

3. People in Kentucky must cover their nose and mouth with a face covering when they are in the following situations that represent a high risk of COVID-19 transmission:

a. . . . any other indoor public space in which it is difficult to maintain a physical distance of at least six feet from all individuals who are not members of that person’s household;

c. While in outdoor public spaces in which the person cannot maintain a physical distance of at least six feet from all individuals who are not members of the person’s household and is not otherwise covered by previously issued guidance.

I suppose that my property might not be considered a “public space”, but I very much wish to consider my actions as defiance of our insipid Governor’s cockamamie and illegal orders. If the Governor showed up at my property — something extremely unlikely to occur — I would tell him to remove his mask or get off my land.

We must do all that we can to resist the encroachment of government on our individual rights. Once rights are lost, they are very difficult to regain.

References

References
↑1 See here for my explanation as to why I have started to, occasionally, call it the China virus
Posted on by

Rights delayed are rights denied

Governor Andy Beshear (D-KY)

We had already stated that the courts in the Bluegrass State would try to give Governor Andy Beshear (D-KY) time to run out the clock on legal decisions concerning his executive orders, because that was the pattern from the past. Now comes the evidence that we were right. From the Lexington Herald-Leader:

Kentucky Supreme Court will consider Beshear’s COVID-19 orders in light of new laws

By Jack Brammer | April 16, 2021 | 11:08 AM | Updated: April 16, 2021 | 1:12 PM

The Kentucky Supreme Court has decided to take up two legal cases involving Gov. Andy Beshear’s powers to deal with the coronavirus pandemic and other emergencies and hear them at the same time June 10.

Supreme Court Chief Justice John D. Minton Jr. signed orders Thursday night for the state’s highest court to consider cases from Franklin and Scott circuit courts. He said a time for the June 10 hearing will be set later.

The Franklin case involves Attorney General Daniel Cameron’s appeal of Circuit Judge Phillip Shepherd’s decision to temporarily block four legislative measures the General Assembly enacted this year that curb Beshear’s emergency powers.

The Scott case involves Beshear’s appeal of Circuit Judge Brian Privett’s ruling to temporarily block the state from enforcing some of Beshear’s executive COVID-19 orders against several restaurants and breweries

There’s more at the original.

Note the date of the hearing: June 10th. That’s eight weeks away, effectively another two months before the state Supreme Court will even hold oral arguments for and against the Governor’s executive orders and the laws passed by the state legislature to curtail them. A previous story in the Herald-Leader stated:

As of today, Kentucky is about 900,000 short of reaching the goal of 2.5 million vaccinated. More than 1.55 million Kentuckians have received their “first shot of hope,” said the governor.

With the current supply of the vaccine, Beshear said Kentucky could reach the 2.5 million goal in 3½ weeks, but said it most likely will be between four and six weeks.

So, if the guesstimates of four to six weeks are accurate, and if the Governor them lifts some, but not all, of his executive orders as promised, oral arguments eight weeks from now would make the case in Judge Privett’s case moot; and the Justices would almost certainly simply dismiss it.

But the Governor still wants that visible sign of subservience to his decrees:

Even with the easing of the restrictions, Beshear said, Kentuckians still will have to wear masks until there is more control of the virus. He also said he will address larger venues later.

We noted the previous pattern: Several lawsuits were filed in state courts to stop the Governor’s emergency decrees under KRS39A. On July 17, 2020, the state Supreme Court put a hold on all lower court orders against Mr Beshear’s orders and directed that “any lower court order, after entry, be immediately transferred to the clerk of the Supreme Court for consideration by the full court.” Three weeks later, the  Court set September 17, 2020, another five weeks later, to hear oral arguments by both sides.

The Court then waited for eight more weeks to issue its decision, until November 12, 2020, which upheld the Governor’s orders.

If the Kentucky Supreme Court, officially non-partisan but in practice controlled by the Democrats, follows the same pattern, a second eight week delay will mean a decision around the first week of August! Even if that decision supports the duly passed laws of the General Assembly, the state courts will have given the Governor half a year to exercise power that the General Assembly restricted.

Rights delayed are rights denied. But we will be lucky if our rights are only delayed; it isn’t difficult to picture the state Supreme Court coming up with some convoluted reasoning to invalidate the laws passed by the General Assembly. I can hope that the state legislature impeaches and removes our dictatorial Governor in the 2022 session, but, in reality, our best hope is for the voters to kick him to the curb in the 2023 election.

Posted on by

The Reich Governor sets his goals

This tweet caught my eye:

I can’t say that this is a surprise, but the meaning is clear: the officially non-partisan but effectively Democrat controlled state Supreme Court will uphold the Governor’s appeal. `

Governor Andy Beshear (D-KY)

Several lawsuits were filed in state courts to stop the Governor’s emergency decrees under KRS39A. On July 17, 2020, the state Supreme Court put a hold on all lower court orders against Mr Beshear’s orders and directed that “any lower court order, after entry, be immediately transferred to the clerk of the Supreme Court for consideration by the full court.” Three weeks later, the  Court set September 17, 2020, another five weeks later, to hear oral arguments by both sides.

The Court then waited for eight more weeks to issue its decision, upholding the Governor’s orders.

The pattern was clear and obvious: the state Supreme Court was trying to give the Reichsstatthalter time to run out the clock, hoping that the COVID problem would be beaten by then, and they could simply declare the lawsuits moot. It hadn’t been beaten, so the Court decided in favor of the Governor.

Republicans in the Bluegrass State ran against Governor Beshear’s authoritarian decrees, and the voters rewarded them with 14 more seats in the state House of Representatives, a 75-25 advantage, and 2 more seats, out of 17 up for election, in the state Senate, giving the GOP a 30-8 margin. Though the Governor claims that opinion polls show that Kentuckians support his actions, in the only poll that actually counts, the one held on election day, they voted strongly against his dictatorship.

The General Assembly met beginning in January, and immediately started working on legislation to rein in the Governor’s powers. Dictators love their dictatorial powers, so the Reichsstatthalter vetoed those bills; the legislature promptly overrode his vetoes, and the Reichsstatthalter then went to court to try enjoin the new laws from taking effect.

Taking the cases to heavily partisan Franklin Circuit Judge Phillip Shepherd, the Governor got what he wanted, the Judge blocking several of the General Assembly’s laws but not actually ruling against them.

And now the authoritarians’ playbook becomes obvious. From the Lexington Herald-Leader:

Beshear sets goal of 2.5 million vaccinated to lift capacity restrictions on bars, restaurants

By Jack Brammer | April 12, 2021 10:22 AM, Updated 11:08 AM EDT

Kentucky Gov. Andy Beshear said Monday he plans to remove capacity restrictions on nearly all venues, events and businesses that cater to 1,000 or fewer patrons once 2.5 million Kentuckians get their first vaccines against COVID-19.

Once that goal is reached, Beshear said, “We will remove the physical distancing restrictions and the curfew we have on bars and restaurants.”

What does that mean? It means that the Governor has given the courts their timetable, a specified amount of time that he says he needs to run out the clock. All the courts have to do is do nothing, until the Governor’s goals are reached, and then they can decide if he had the authority to do what he did.

In what he called “a pretty big announcement,” Beshear said all Kentuckians should be motivated to get the vaccine.

“If you are a restaurant, a bar, a store, a public pool, a country club, a grocery, a funeral home, a wedding venue, a concert hall, a museum, if you put on festivals, if you are a distillery, this is what you have been waiting for —a clear number and a clear goal to hit,” said Beshear.

He encouraged the businesses to make sure all their staff get the shots.

How, I have to ask, do businesses “make sure all their staff get the shots”? The only obvious way is for businesses to require such as a condition of employment, and have the right to see their employees’ medical records!

Even with the easing of the restrictions, Beshear said, Kentuckians still will have to wear masks until there is more control of the virus. He also said he will address larger venues later.

So, even when the Reichsstatthalter’s ‘goals’ have been met, he still wants to exercise that visible sign of subservience.

As of today, Kentucky is about 900,000 short of reaching the goal of 2.5 million vaccinated. More than 1.55 million Kentuckians have received their “first shot of hope,” said the governor.

With the current supply of the vaccine, Beshear said Kentucky could reach the 2.5 million goal in 3½ weeks, but said it most likely will be between four and six weeks.

But wait: if 1.55 million Kentuckians have received their first shot, in a two-shot series, that still means that they aren’t fully vaccinated. According to The New York Times, while 36% of Kentuckians have received the first dose, only 24% are fully vaccinated. That would mean that roughly only one million eligible recipients have received both shots, and there’s no guarantee that, with our dishonest Governor, he won’t decide that we’ll need another month under restriction, until 2.5 million are fully vaccinated.

COVID-19 is serious, but far more serious is the assault on our constitutional rights and the sheeple allowing the government to control their lives. Freedom, once lost, is very difficult to regain, and far, far, far too many Kentuckians have silently allowed this authoritarian dictator to do whatever the Hell he pleases.

Posted on by

Judge Phillip Shepherd once again decides that his judgement supersedes that of our elected representatives He just loves enabling authoritarian dictators . . . as long as those dictators are Democrats!

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

We have thrice reported on Franklin Circuit Judge Phillip Shepherd, a continual thorn in the side of Republican Governor Matt Bevin, and a partisan supporter of current Governor Andy Beshear, a Democrat. Judge Shepherd blocked several of the bills passed by the General Assembly to limit the Governor’s emergency powers, not actually ruling against those laws, but imposing a temporary injunction and partially stayed the effectiveness of the three new laws. The laws remain on the books, but cannot be enforced, and the Judge has yet to tell us when he will rule on Governor Beshear’s lawsuit.

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.