Impeach Franklin Circuit Judge Phillip Shepherd! He thinks the General Assembly doesn't matter

We knew that this bovine feces would happen!

Judge rules in Beshear’s favor, blocks laws limiting governor’s COVID-19 powers

By Jack Brammer | March 3, 2021 |3:31 PM EST

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

Franklin Circuit Judge Phillip Shepherd temporarily blocked Thursday three new laws that limit the governor’s powers to deal with emergencies like the coronavirus pandemic.

In a 23-page order that is a legal victory for Kentucky Gov. Andy Beshear and a defeat for the Kentucky General Assembly, the judge granted Beshear’s motion for a temporary injunction and partially stayed the effectiveness of the three new laws the legislature approved earlier this year.

Besherar spokeswoman Crystal Staley said, “We appreciate the order. The ability to act and react quickly is necessary in our war against the ever-changing and mutating virus.

Apparently, according to Judge Shepherd, ‘need’ defines the Governor’s powers, not the General Assembly. What powers wouldn’t the Governor have, if he declares a state of emergency, under this kind of standard?

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.”

Republicans campaigned against the authoritarian use of power by Governor Beshear in last November’s elections, and the voters rewarded the GOP with 14 additional seats in the state House of Representatives, bringing their majority to 75-25, and 2 additional seats in the state Senate, bringing their majority to 30-8.[1]Only 19 of the 38 seats were up for election in the state Senate.

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.”

Oh, so as long as the Governor is “acting in good faith,” he is exempt from legislative oversight?

The Judge stated that the Governor has been ‘adjusting’ his executive orders to be less restrictive as time passes, as current conditions warrant and public health concerns decrease, but that “the court believes those decisions should be made based on medical and scientific evidence, not on arbitrary deadlines imposed by statutes irrespective of the spread of the virus.” Since when does a judge have the authority to decide what motivates the legislature or whether the legislators have taken their decisions based on the right things?

The governor’s general counsel, Amy Cubbage, recently noted that the current executive orders dealing with COVID-19 would expire March 4 unless the legislature extends them or the court rules in Beshear’s favor.

Did the Governor ask the General Assembly to extend them? The Governor filed suit as soon as the General Assembly overrode his vetoes, but if he attempted to work with the legislature, as Judge Shepherd had “strongly urged” him to do, I found no story in the Lexington Herald-Leader telling us about it. All I could find was an article entitled “‘See you in court,’ Beshear tells legislative leaders on taking up his vetoes this week.”

One hopes that the legislature and Attorney General Daniel Cameron immediately appeal the decision to the state Court of Appeals, which has been friendlier to restraining our authoritarian Governor, but we can count on the Governor then taking it to the state Supreme Court which, though officially non-partisan is in practice controlled by Democrats.

It may be time for a little revolution!

References

References
1 Only 19 of the 38 seats were up for election in the state Senate.

Not just no, but Hell no! Why is it that every time the left think they have a good idea, they want to make it mandatory?

I have to take this one with a grain of coarse kosher salt, because Seth Dillon says that he is CEO of The Babylon Bee, a very good satire site, but here’s the tweet:

Perhaps Mr Dillon’s eyesight is going, because rather than a grown man in his twenties, it was obviously Senators Edward Markey (D-MA) and Richard Blumenthal (D-CN) who accosted his son.

Senators Markey and Blumenthal announce national face mask mandate legislation

Bill would require states to implement mask mandates, promote “the most powerful public health tool” the nation has against the coronavirus

November 25, 2020

Washington (November 25, 2020) – Despite guidance from the Centers for Disease Control and Prevention (CDC), millions of Americans are traveling for the Thanksgiving holiday, giving rise to concerns about continued spread of the coronavirus as the country already is suffering a terrible surge of cases and deaths. Senators Edward J. Markey (D-Mass.) and Richard Blumenthal (D-Conn.) today announced introduction of the Encouraging Masks for All Act, legislation that would encourage states to require the use of face masks in all public spaces and outside when one cannot maintain social distance. The legislation provides an additional $5 billion to the Public Health and Social Services Emergency Fund available to states who implement masking requirements. States can use this additional funding for efforts to prevent the transmission of the coronavirus. Additionally, the legislation authorizes $75 million for grants to states for promotion of universal mask wearing. The legislation also mandates mask use on federal property. Recent research suggests universal masking could prevent 130,000 deaths from COVID-19. Nonetheless, 15 states do not have mask mandates.

“Masks and face coverings are the essential public health tool to respond to the COVID-19 pandemic” said Senator Markey. “As President-elect Biden recognizes, we need to use every technique available to us to encourage mask use, from clear communication of the need for masks, to providing masks to those who need them, to leading by example, and even to mandating mask use nationwide. Our legislation would move us closer to goal of ensuring universal mask adoption during these dangerous winter months. It would also ensure that essential workers in transit, health care, and retail settings all over the country are protected with face masks. Mask up!”

“Wearing a mask should be considered a moral and health mandate—our primary defense against the coronavirus,” said Senator Blumenthal. “With cases skyrocketing as we head into the holidays, the Encouraging Masks for All Act would bring us closer to ensuring every American has a face mask and wears it. Even with a vaccine, mask wearing is an essential tool in conquering COVID-19, along with physical distancing and other common sense public health steps. This bill gives states the resources to encourage mask wearing in public and outdoors, to provide masks to those who need them, and to enforce mask mandates to protect public health.”

According to Newsweek, the two New England Fascists leftists bemoaned that a third of the states do not have any mask mandates.[1]Alaska, Arizona, Florida, Georgia, Idaho, Iowa, Mississippi, Missouri, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee and Wyoming The two looney lefties names it the Encouraging Masks for All Act, but “encourage,” in this use, is defined as “to attempt to persuade.” Perhaps Senator Blumenthal, who once “encouraged” the people of Connecticut to vote for him by falsely claiming he was a Vietnam veteran, which he brushed of as “misplaced words” and having “misspoken”, meant that the bill was meant to “encourage” the states to mandate masks, or miss out on federal funds, but it certainly isn’t meant to “encourage” the public to wear them; it is an attempt to get the states to force people to wear masks.

Why is it that every time the left think they have a good idea, they want to make it mandatory? In the novel The Once and Future King, author T. H. White proposed a similarly worded rule as the rule of totalitarianism: “Everything which is not forbidden is compulsory.” The Pico Corollary of that is, “The Democrats support freedom of choice on exactly one thing.”

If Messrs Markey and Blumenthal recognize that the ‘authority’ to require people to wear masks — an authority I deny that any state has over free citizens — belongs to the states, why don’t they recognize that different states might legitimately choose differently? Oh, I’m sorry, that’s right: they don’t believe that the states could legitimately choose differently from how they see things, so they simply have to force those which don’t do what they see as the right thing.

This is why the Democrats cannot be trusted. They never want to ask people to do things, they want to order people to do things. If Governor Andy Beshear (D-KY) had asked me to wear a face mask, and made his case for doing so, I would have happily complied. But when he ordered such, any free man would rebel, any free man would see not complying with the Governor as a proper act of independence and defiance.

Jonathan Edwards might have said it best:

Some man’s come he’s trying to run my life, don’t know what he’s asking
Working starts to make me wonder where fruits of what I do are going
When he says in love and war all is fair, he’s got cards he ain’t showing
How much does it cost? I’ll buy it!
The time is all we’ve lost–I’ll try it!
He can’t even run his own life,
I’ll be damned if he’ll run mine-

References

References
1 Alaska, Arizona, Florida, Georgia, Idaho, Iowa, Mississippi, Missouri, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee and Wyoming