Tag Archives: #Kentucky

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Andy Beshear hates the state legislature, but he had no choice but to call them in

Most of my articles on Governor Andy Beshear (D-KY) are primarily sourced from the Lexington Herald-Leader, but he wrangled an invitation from NBC’s Meet the Press on Sunday, and came to the attention of The New York Times:

    Kentucky governor says the state’s Covid surge is ‘dire.’

    by Melina Delkic | September 5, 2021

    Governor Andy Beshear (D-KY)

    Kentucky’s Democratic governor on Sunday described the state’s surge of Covid cases as “dire,” and pointed out that Republican state lawmakers had limited his options to control the record wave of infections there.

    “If I had the ability to do it right now, we would have a masking order when you are in public and indoors,” said Gov. Andy Beshear, on NBC’s “Meet the Press” news program. “We know that’s a proven way to slow the spread of the virus and ultimately help our health care capacity.”

Right: if the Governor had the authority to issue a statewide mask mandate, he would have done so, and that is precisely why the voters of the Commonwealth gave Republican state legislative candidates such a huge margin in last November’s elections, because Mr Beshear had issued a statewide mask mandate last year.

Getting the General Assembly involved is something the Governor very much did not want to do. 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, as it happens, Kentucky’s legislators are not wearing masks today, as the special session opens:

    Kentucky special session on COVID-19 starts with many lawmakers not wearing masks

    By Jack Brammer | Updated: September 7, 2021 | 5:12 PM EDT

    With most members not wearing masks, a special session of the Kentucky General Assembly started Tuesday morning to deal with the state’s surging COVID-19 pandemic.

    Lawmakers acted quickly on Democratic Gov. Andy Beshear’s call to extend the COVID-19 state of emergency that has been in place in Kentucky since March 2020 and more time for a state of emergency to deal with August flooding in Nicholas County. House Joint Resolution 1, which extends the states of emergency and many of the governor’s emergency orders, was expected to clear the legislature before the end of the day.

    House Speaker David Osborne, R-Prospect, gaveled his chamber into session at 10:13 a.m. and 94 of the 100 members responded to the roll call and heard the proclamation of the special session. Thirty-four members of the 38-member Senate convened at 12:16 p.m. with most members going without a mask. The two physicians in the Senate — Ralph Alvarado, R-Winchester, and Karen Berg, D-Louisville — wore masks.

    Lawmakers returned to the state Capitol in Frankfort at the call of Beshear, who has presented them with an agenda to fight the coronavirus pandemic that has claimed more than 7,900 lives in Kentucky.

    The Democratic governor made the session call Saturday, two weeks after the Kentucky Supreme Court said his emergency orders dealing with the pandemic needed approval by the Republican-led legislature.

As far as I have heard, Franklin Circuit Judge Phillip Shepherd has not yet lifted his injunctions against the legislation that the state Supreme Court ordered him to do, and the parties to the lawsuit were supposed to appear before the judge today, but I have been unable to find any reports concerning that. Nevertheless, Governor Beshear at least appears to be acting as though those injunctions have been lifted.

The legislature quickly approved the Governor’s request to extend the state of emergency until January 15th, the state House of Representatives voting 92-3 in favor, and the state Senate 32-4, sending it to Mr Beshear for his signature.

By extending the state of emergency until January 15th, when the General Assembly will be in its regular session, the Governor would have the power to issue a statewide mask mandate, lasting for thirty days, but the General Assembly might just deny him that one:

    Bill ditching mask mandates for KY schools and daycare centers gains momentum

    By Valarie Honeycutt Spears | Updated: September 7, 2021 | 4:32 PM EDT

    Hours after the Kentucky General Assembly began a special session Tuesday to deal with COVID-19 policies, the Senate Education Committee approved a bill that rejects the Beshear Administration’s emergency regulations requiring universal masking of people age two or older in K-12 schools and daycare centers.

    Senate Bill 1 declares the regulations requiring masks in schools and daycare centers null and void.

    The bill, approved by the committee with a 8-5 vote, now goes to the full Senate. Lawmakers who voted no voiced concerns about lifting the mask mandates at a time when transmission of COVID-19 and resulting hospitalizations are at an all-time high in Kentucky.

    Education Committee Chairman Max Wise, R-Campbellsville, said individual school boards will be free to decide their own policies about masking in schools.

    Wise said the bill would become law as soon as Gov. Andy Beshear signs it or the legislature overrides his veto, given that it is considered emergency legislation.

We had previously noted that the Governor had asked school districts to put mask mandates in place, but most districts made them optional. The Governor then got pissed off, and made it an order.

There’s more at the original, much of it devoted to the legislature’s plans to ease the restrictions on ‘non-traditional instruction,’ meaning those days in which school is conducted remotely. The legislature wants to keep schools from closing down for everybody because some students or staffers test positive for COVID-19.

Those were the two things which rankled the legislators, and Kentuckians in general, the most: the mask mandate and the schools being closed, and those are the two things the General Assembly appears to be most eager to prevent from happening again. Of course, it’s going to take a few days to see how this will play out, and what the legislature passes. But at least a wannabe dictator of a Governor has been reined in by the democratically elected General Assembly and the Kentucky Supreme Court.

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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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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.
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What is taking so long?

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. We noted, on June 11th, on that court finally heard those arguments.

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. The General Assembly, dominated by Republicans, passed several bills, over the Governor’s veto, to limit his ’emergency’ powers. Republicans ran against the Governor’s authoritarian dictates in 2020, and the voters rewarded the GOP with 14 additional seats in the state House of Representatives, and two additional seats in the state Senate. Clearly, the voters in the Commonwealth disagreed with the Governor’s actions.

Well, if you thought that the eight weeks the Justices delayed in issuing their ruling in 2020, you ain’t seen anything yet, because eight weeks since the oral arguments this year elapsed on Thursday, August 5th. That was six days ago, but there has still been no ruling issued. As we noted on Tuesday, several school districts decided against going along with Mr Beshear’s request that they impose mask mandates, so the Governor waxed wroth and issued an order that all public and private schools must be fully masked.

    Some KY Republicans call for defiance of K-12 mask mandate and question its legality

    By Alex Acquisto | August 11, 2021 | 1:36 PM EDT

    Less than a day after Gov. Andy Beshear signed an executive order mandating universal masking in all child care, pre-Kindergarten and K-12 settings, some state Republicans are bucking at the new rule, calling it an overreach.

    “Local school districts across the state have carefully considered mandatory face coverings and made decisions regarding their own policies,” House Speaker David Osborne said in a statement Monday morning. “The governor may not agree with their choices, but he must respect their authority. Instead, at the eleventh hour, he chose to politicize this issue and flout their decisions by issuing an executive order with extremely questionable legal standing.”

    The General Assembly “spoke clearly and indisputably” during its 2020 regular legislative session, Osborne said, when lawmakers passed a series of bills limiting the governor’s power to enact emergency measures to slow the spread of COVID-19, including Senate Bill 1, Senate Bill 2 and House Bill 1.

There’s more at the original. But one thing is clear: if the state Supreme Court had done its job and issued its rulings on the previous cases expeditiously, there would be far less of a legal problem with the Governor’s executive orders.

If Senate Bill 1 is judged constitutional, the Governor could still have issued his executive order, in exactly the form he did, but would require the consent of the state legislature to extend it beyond thirty days. The Governor’s own order states that “This Order is effective at 4 p.p. on August 10, 2021, for a period of thirty days, and is subject to renewal.” The only difference would be that the General Assembly would have to approve any extension.

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Andy Beshear orders face masks in all state office buildings

I have been saying, for a while now, that Governor Andy Beshear (D-KY) would eventually reissue his odious mask mandate. He hasn’t yet, but he’s moving closer to it:

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Andy Beshear will try to issue another odious mask mandate any day now

I told you so!

Governor Andy Beshear (D-KY) hasn’t tried to make masks mandatory again, but today’s “recommendations” certainly set the table for that.

The Governor’s new “recommendations” are:

  • All unvaccinated Kentuckians should wear masks indoors when not in their homes
  • Kentuckians at higher risk due to pre-existing conditions should wear masks indoors when not in their homes
  • Vaccinated Kentuckians in jobs with significant public exposure should consider wearing a mask at work
  • All unvaccinated Kentuckians, when eligible, should be vaccinated immediately

Mr Beshear is like any other American: under our First Amendment, he has the freedom of speech, and can recommend anything he wishes. But I do not trust him, nor do I trust the state Supreme Court and how they may rule on the Governor’s legal attempts to invalidate the restrictions on his emergency powers under KRS 39A passed by the General Assembly last February, and it’s all too easy to see Mr Beshear trying to turn his recommendations into orders.

Kentucky reporting new cases of COVID-19 at levels not seen since March

By Alex Acquisto | July 22, 2021 | 1:38 PM | Updated: 2:06 PM EDT

Kentucky is poised to report its fourth consecutive week of rising COVID-19 cases, the overwhelming majority of which are driven by unvaccinated people, Gov. Andy Beshear said Thursday.

“We believe that on Monday we are going to be in another week of increasing cases,” the governor said from the state Capitol. Cases began rising again in late June after two months of consecutive decline.

In Kentucky, where roughly half the state is at least partially vaccinated, over 95% of the more than 61,000 new coronavirus cases from March 1 to July 21 were among unvaccinated people, the governor announced. Likewise, 92% of the 3,100 coronavirus-related hospitalizations and 89% of the 447 people who died of coronavirus were either unvaccinated or only partially vaccinated.

OK, let’s stop right there. The vaccines didn’t even become available to people under 70 until the beginning of March, so when March and April are included, those numbers are wholly skewed. I’m in my upper sixties, and I was not able to get my first dose until April Fool’s Day, and my second until Cinco de Mayo. I would not have been considered “fully vaccinated” until 14 days after my second dose, which meant May 19th.

So, when the Governor tells us that “over 95% of the more than 61,000 new coronavirus cases from March 1 to July 21 were among unvaccinated people,” he is using a time frame in which most Kentuckians had the opportunity to be vaccinated. The percentage of the Commonwealth’s population which could have been vaccinated, especially “fully vaccinated,” during March and April was pretty small.

Note what the Herald-Leader had reported just two days earlier:

About one-fifth of the new COVID-19 cases in Lexington in July occurred in vaccinated people, according to new data from the Lexington-Fayette County Health Department.

Those so-called “breakthrough” cases had accounted for less than 1 percent of Lexington’s reported infections until the last few weeks. In May, less than 10 percent of the month’s cases were breakthrough infections. In June, that number increased to almost 15 percent.

This month, about 19.5 percent of all cases have been in people fully vaccinated against COVID-19, according to the health department.

Note, the report is that 19.5% were among people fully vaccinated. One wonders what the infection rate was for those who were only partially vaccinated.

The vaccines are supposed to help those who do contract the virus anyway by resulting in far less serious symptoms. If someone has been vaccinated, and he doesn’t feel sick, there’s really no reason for him to be tested, so, though we can’t prove a negative, it stands to reason that a smaller percentage of vaccinated than unvaccinated people get tested for COVID-19. It could well be that the percentage of vaccinated people who are infected with COVID anyway is significantly higher than anyone knows.

And why would a fully vaccinated person get tested unless it was absolutely necessary? From CNBC:

If a vaccinated person tests positive for Covid, through routine workplace testing, for example, “we don’t just let them go about their business and forget about the fact that they tested positive,” says Dr. Peter Katona, professor of medicine and public health at UCLA and chair of the Infection Control Working Group.

“With the understanding that you’re less of a problem than an unvaccinated [person], it doesn’t mean you let up on your protocol,” he says.

The most important thing to do after testing positive would be to isolate, meaning you stay away from people who are not sick, including others who are vaccinated, and monitor for Covid-related symptoms, Gonsenhauser says.

“You are going to have to isolate just as though you were not vaccinated for 10 days from the first symptoms that you recognize or from the time of your test…keeping yourself from being around other people until that period is up,” Gonsenhauser says.

You should avoid visiting any private or public areas or traveling during that 10-day period, according to the CDC.

In other words, if you are fully vaccinated and are not sick, getting tested can mean only one thing: more restrictions on your life!

And here comes what I said was coming:

The more contagious Delta variant is driving an increase in cases and the statewide positivity rate, which rose above 6% on Wednesday for the first time since late February. On Tuesday, the state reported 1,054 new cases of the virus — the highest single-day increase since March 11, Beshear said. On Wednesday, the state reported 963 new cases.

For the first time since he lifted the statewide mask mandate and repealed capacity restrictions in early June, Beshear said on Thursday that he will not shy away from reinstituting those rules if the spread of the virus continues to gain momentum.

“We’re not going to be afraid to make the tough decision if it’s merited,” he said, again noting that the solution to stemming spread is for more people to get vaccinated.

It is, I believe, the wiser choice for people to go ahead and get vaccinated; not only have I said that before, but my freely disclosed choice on the matter months ago ought to stand as testimony to that. And if someone believes that he ought to wear a face mask, I absolutely support his right to choose to do that.

But I am absolutely opposed to the government trying to mandate vaccination, or facemasks, or any of the restrictions on our individual rights that so many states imposed previously. COVID-19 may be deadly in a small percentage of cases, but it has already dealt a near-mortal blow to our rights as free people and as Americans.

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It’s being set up again!

As we have previously noted, the nation is being set up, through the spreading of fear, for another imposition of the illegal and unconstitutional COVID-19 restrictions.

And now comes Governor Andy Beshear (D-KY), one of the worst of the COVID tyrants:

    As Delta variant spreads, Beshear recommends return to indoor masking for some

    By Alex Acquisto | July 19, 2021 | 5:07 PM | Updated: July 19, 2021 | 6:01 PM EDT

    Fully-vaccinated Kentuckians who work in jobs with “significant public exposure” should consider wearing a mask again in indoor public spaces, Gov. Andy Beshear recommended on Monday, citing rising case numbers and escalating spread of the Delta variant of COVID-19.

    The governor is also recommending a return to masking in indoor public settings for fully-vaccinated Kentuckians at high-risk of severe coronavirus infection because of pre-existing health conditions. High-exposure jobs include retail and hospitality businesses, as well as any job that requires contact with many different people.

    “The more people you come in contact with, the more exposure you are likely to have, so we believe at this point it is a smart idea,” Beshear said.

    The new recommendations, which apply to both vaccinated and unvaccinated people, are necessary because “we are seeing more cases among vaccinated Kentuckians because of the Delta variant,” Beshear said.

There’s more at the original, but the most important word in that article is “necessary.” The Governor argued, after his attorney’s presentation to the state Supreme Court:

    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.”

Mr Beshear believes that he just has to have these powers, because they are necessary, regardless of the General Assembly putting restrictions on them.

Oral arguments were made to the Court on June 10th, which was 5½ weeks ago, and the Court has not yet issued its ruling. The last time this issue came before the state Supreme Court, prior to the last legislative session, which changed the laws, the Court took from September 17th until November 12th, to issue its decision, 56 days, an even 8 weeks, so, if the Court uses the same timetable, it wouldn’t issue its decision until Thursday, August 5th.

Of course, the Governor has only issued recommendations, and not tried to impose another executive order. I would like to think that this is because he has already been notified by the justices that they aren’t going to come down on his side, and he knows that the General Assembly would never approve an extension of a mask order, but the state Supreme Court has a decidedly liberal leaning:

    The last three years in Kentucky should provide an equal awakening concerning the Kentucky Supreme Court. Over and over in the past three years, the state’s highest court has upended legislation after legislation passed by the General Assembly, often appearing to seek legal justification after it had decided what it wanted to do.

    To name a handful, regardless of the policy merits of the 2018 pension reform bill, the Court invalidated the law based on a procedure that has been used by the General Assembly for decades. The Court threw out Medical Review Panels, blocked Marsy’s Law[1]Hyperlink added by editor; not included in cited article., and perhaps the most head-scratching of all, had three justices dissent in the case that ultimately upheld Kentucky’s right-to-work law.

    Brian T. Fitzpatrick, a professor at Vanderbilt Law School who studies methods of selecting judges, looked at the ideological makeup of state Supreme Courts compared to the electorate they serve in a 2017 study. Kentucky, he found, is entirely out of whack. The commonwealth had the eighth highest liberal skew in the country, versus the federal electorate in the state, during his studied period.

Well, the Kentucky Supreme Court was certainly out of tune with the electorate in Kentucky. On November 3, 2020, the voters in the Commonwealth rewarded Republican state legislative candidates, who had campaigned against the Governor’s restrictions, with 14 additional seats in the state House of Representatives, giving the GOP a 75-25 seat advantage,[2]Don’t scream, “Gerrymandering!” because when the House districts were redistricted following the 2010 census, Democrats controlled the state House. and 2 additional seats, out of 17 up for election, in the state Senate, for a 38-10 GOP margin.

The state Supreme Court has long been a friend of Mr Beshear’s, particularly when it came to the then-Attorney General filing lawsuit after lawsuit to frustrate Governor Matt Bevin (R-KY). And while I would like to think that the Governor has already been clued in to his legal position failing, it’s just as possible — and perhaps even more possible — that the state Supremes have come down in his favor, and he’s just setting the table to change recommendations into requirements.

References

References
↑1 Hyperlink added by editor; not included in cited article.
↑2 Don’t scream, “Gerrymandering!” because when the House districts were redistricted following the 2010 census, Democrats controlled the state House.
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It’s being set up again!

Long-term readers of The First Street Journal — both of them — know that my trust of Governor Andy Beshear (D-KY) is so great that if he told me that 2 + 2 = 4, I’d check his math. I noted his attempts to have the state Supreme Court invalidate Senate Bill 1, House Bill 1, and other legislation which would restrict his ’emergency powers’ under KRS 39A, saying that it was necessary that he have those powers as defined before the General Assembly passed, over his veto, restrictions on how they could be used. The Kentucky Supreme Court has yet to issue its ruling, but I must admit: given how the justices have bent over backward for Mr Beshear, both when he was state Attorney General and now, as Governor, I am not confident that the Court will uphold the laws. Continue reading →

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This may not be a good change Replacing elected officials with unelected bureaucrats leads to poorer service

I moved away from Hampton, Virginia in 2000, and while I liked the place, I wasn’t sad to no longer have to deal with the Hampton branch of the Virginia Department of Motor Vehicles. Who knows, maybe it has been improved since the 1990s, but at least in the 1990s it was nothing more than Affirmative Action for special education students. The individual clerks at the stations in the long, long waiting room were ugly, bored, rude and stupid.

Moving to Delaware wasn’t too bad. Small state, and the DMV for New Castle County wasn’t great, but it wasn’t too terribly bad, either. It outclassed Hampton in every way.

Two years later, and Pennsylvania was a dream: license plate issues and renewals were handled by private notaries public, taking half the burden away from the local DMVs. Private businesses have to have polite people, or they go out of business. The Carbon County DMV office was small, and a bit of a pain as it was not open every day, but at least it wasn’t any worse than Delaware’s. Continue reading →