Tag Archives: #Kentucky

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The editors of the Lexington Herald-Leader and their one-sided OpEd pages

In a short letter to the editor of the Lexington Herald-Leader, Jeffrey Bradford of Nashville, Tennessee, said:

I’m a Lexington native who moved to Nashville many years ago. Recently, while visiting family in Lexington, I read the opinion section of your paper and was astounded by how completely one-sided it is (Jan. 31, 2021 edition). Entirely from the left. Yours is the only newspaper I’ve read in recent years — with the possible exception of the New York Times and Washington Post — that completely excludes views from the right. This is odd on two levels: 1. I’m sure your readership is not so monolithic in its political views. 2. You lose all credibility by only publishing one side of the story. That is, your views carry no weight.

I encourage you to strive for a more balanced approach in the future, as I used to read in my hometown paper when growing up here. Not only would it be more intellectually honest, but you might sell more papers.

Reading just one print edition isn’t much of a sample, but a perusal of what my, sadly late, best friend used to call the Herald-Liberal’s website doesn’t show much diversity of opinion. There is a real question of how in touch the editors are with their readership. I would point out here the Editorial Board’s recent political endorsements:

  • 2020: Joe Biden for President, Amy McGrath Henderson for Senate, and Josh Hicks for 6th District Representative;[1]Notably, the editors endorsed Charles Booker over Mrs Henderson in the Democratic primary, saying that he was the more progressive candidate. Mrs Henderson once said, “I am further left, I am … Continue reading
  • 2018: Amy McGrath Henderson for 6th District Representative
  • 2016: Hillary Clinton for President, Jim Gray for Senate, and Nancy Jo Kemper for 6th District Representative
  • 2014: Alison Lundergan Grimes for Senate, and Elisabeth Jensen for 6th District Representative

All Democrats, and all defeated in Kentucky and in the 6th District. It seems that the Herald-Leader Editorial Board isn’t exactly in tune with the voters of the Commonwealth. Note that the 2016 and 2014 Democratic nominees for the 6th congressional district were political novices, and the editors struggled to find much good reason to endorse them. Representative Andy Barr (R-KY 6th District) beat them both by landslide margins.[2]Dr Malcolm Jewell, one of my political science professors at the University of Kentucky during medieval times, defined a landslide margin as 10% or greater.

In fact, with the exception of the 6th district race in 2018, the editors’ endorsed candidates lost by landslide margins. Even in 2018, with Mrs Henderson outspending Mr Barr $8,274,396 to $5,580,477, she lost 51.0% to 47.8%.

In her Senate campaign, Mrs Henderson raised $94,120,557 and spent $90,775,744 compared to Senator Mitch McConnell’s $71,351,350 and $64,787,889, only to lose 38.2% to 57.8%. As it happens, Mrs Henderson had the lowest percentage total against Mr McConnell of any of his opponents save sacrificial lamb candidate Lois Combs Weinberg in 2002.

Simply put, the editors are completely out-of-touch with their readership. Voters in Lexington are closer to the editors’ views, but once you get outside Fayette County, nope, nowhere close, and the Herald-Leader is a regional newspaper for most of eastern Kentucky.[3]I delivered both the morning Lexington Herald and afternoon Lexington Leader in Mt Sterling, just a few years after the Pilgrims landed at Plymouth Rock.

I do not expect the editors to change their views. But perhaps, just perhaps, they might consider that their readers are not all from the city, and provide a bit more content for them.

References

References
↑1 Notably, the editors endorsed Charles Booker over Mrs Henderson in the Democratic primary, saying that he was the more progressive candidate. Mrs Henderson once said, “I am further left, I am more progressive, than anyone in the state of Kentucky,” while at a fund raiser in Massachusetts.
↑2 Dr Malcolm Jewell, one of my political science professors at the University of Kentucky during medieval times, defined a landslide margin as 10% or greater.
↑3 I delivered both the morning Lexington Herald and afternoon Lexington Leader in Mt Sterling, just a few years after the Pilgrims landed at Plymouth Rock.
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Thank the Lord for fossil fuels!

During our first winter back in the Bluegrass State, we had only electric heat. When what the Weather Channel called Winter Storm Hunter hit, we lost sparktricity . . . for 4½ days. My wife went to stay with our daughter, in Lexington, but I had to stay on the farm to take care of the critters.

The coldest it got in the house was 38º F!

But it sure wasn’t pleasant. While the water was still on, there was no hot water. There was just enough warm water that first morning to take a quick, sort-of OK shower, but that was it.

Our house is an eastern Kentucky fixer-upper, and the kitchen was the first thing to be redone. Mrs Pico wanted a gas range, and that was planned all along. We knew our electric water heater was near the end of its service life, so we planned on replacing that with gas as well. Then, remembering the unheated house, we decided to add a gas fireplace as well. The fan won’t work without electricity, and while the range top will work, the oven will not.

So, will we lose power again?

It’s a little hard to see the county lines, in the red area, but that’s where we are, kind of in between the Berea and Jackson city names.

At any rate, what my, sadly, late, best friend used to call the Lexington Herald-Liberal is telling me that we’re due for another ice storm. The forecast is a bit iffy: we could get snow as well as freezing rain, probably light tomorrow morning but getting worst Wednesday afternoon.

Alas! Mrs Pico has to work Thursday and Friday, and as a hospital nurse there’s no ‘work from home’ for her. My F-150 does have four-wheel drive, but four-wheel drive works far better in snow than it does on ice; nothing works well on ice. The county has pretreated the road, and while we live in relatively flat river-bottom farmland, there are a couple of not-nice places on the way to the hospital.

At any rate, I have asked William Teach of The Pirate’s Cove to watch this site, in case I’m out of communication for a few days.

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Guilt by Association Trumps Freedom of Speech and the Right of Peaceable Assembly Kentucky State Police Captain "reassigned" after attending Capitol Kerfuffle, even though he broke no laws himself

It’s not just those who stormed and entered the Capitol building itself who are being punished; some of those who attended the rally but broke no laws are being hammered as well.

Kentucky State Police’s Top Recruiter Reassigned For Attending D.C. Trump Rally

By Eleanor Klibanoff | February 5, 2021

Kentucky State Police Captain Michael Webb, from the KSP website.

The Kentucky State Police trooper who was reassigned after attending the Jan. 6 Trump rally in Washington, D.C., was the agency’s top recruiter.Capt. Michael Webb was reassigned on Jan. 8 from his position in the recruitment branch to the Inspections and Evaluations Branch, his personnel file shows.

A week after the rally, KSP issued a statement saying one trooper, who was not named, had been temporarily reassigned after attending on personal time with his family. When asked about Capt. Michael Webb’s assignment status, an agency spokesperson pointed back to that statement.

“KSP is reviewing the employee’s participation. It is the right thing to do to protect our nation, democracy, agency and all KSP employees,” said acting KSP commissioner Phillip Burnett Jr. in the statement. “This is the same review process our agency follows any time there is questionable activity involving any law enforcement personnel within our agency.”

Several people with ties to the agency who declined to be named confirmed Webb was reassigned for his attendance at the rally.

KSP’s statement said the trooper attended the rally but did not enter the U.S. Capitol, where rioters stormed the building while a joint session of Congress met to certify the election of President Joe Biden. Five people died, including a woman shot and killed by Capitol police and a Capitol police officer beaten by the mob. Documents and lecterns were stolen and dozens have been charged, including at least nine from Kentucky. Former President Donald Trump was impeached, for a second time, over his role in inciting the riot.

Note that: Captain Webb attended the rally, but even the Kentucky State Police say he did not enter the Capitol. He was, therefore, exercising his freedom of speech and freedom of assembly, but he’s being punished anyway.

Further down:

Brian Higgins, a professor at the John Jay College of Criminal Justice and former police chief of Bergen County, New Jersey, said law enforcement agencies are grappling with how to proceed.

He said officers have a right to participate in the political process, but any actions an officer takes, even off-duty, reflects on the agency.

“Law enforcement has really been under the microscope,” he said. “So if there was ever a time for a police officer to be cautious in his or her actions, now’s the time, because everybody’s watching.”

Let’s tell the truth here: had he been attending a #BlackLivesMatter rally while off-duty, one which turned violent and destructive but he was not a participant in the vandalism, nothing would have happened to him.

But Professor Higgins told the truth in one regard: “everybody’s watching.” The left are using every means at their disposal to find out who has political positions with which they disagree, and try to get back at them. As we noted yesterday, the left get upset even when Trump supporters do something nice for them.

Vida Johnson, a professor at Georgetown Law School and expert on white supremacy in policing, said it would be a mistake for law enforcement agencies to dismiss the rally at the Capitol as routine political activism. Even before the rally turned violent, she said, the goal was to challenge the validity of legally cast ballots and stop Congress from certifying the election. Many attendees wore white supremacist or Nazi regalia and carried Confederate flags.

You know that, when you cite someone as an “expert on white supremacy in policing,” you are telling us that she is hugely biased against the police. She stated that “many attendees” wore or carried symbols the left find offensive, but there is no indication, anywhere in the article, that Captain Webb “wore white supremacist or Nazi regalia” or “carried (a) Confederate flag.” There are no claims that he wore his KSP uniform or identified himself as a KSP officer. Apparently guilt by association trumps freedom of speech and the right of peaceable assembly.

The left claimed that President Trump was a horrible, horrible fascist, but it is the left who are censoring people and stomping on their rights.

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A Futile and Stupid Gesture

One of the great lines from the movie Animal House was Eric “Otter” Stratton’s, after all of the fraternity Delta Tau Chi members had been expelled, and their draft boards notified that they were all now 1-A and eligible for conscription, “I think that this situation absolutely requires a really futile and stupid gesture be done on somebody’s part.”

And so we come to my alma mater, the University of Kentucky, and Sigma Alpha Epsilon. ΣΑΕ was already in trouble with the University for violating COVID-19 protocols and, Heaven forfend! drinking alcohol.

Double Secret Probation . . . .

From the Kentucky Kernel:

Fraternity suspension linked to burglary investigation, parties

Natalie Parks | January 31, 2021 | Updated: February 1, 2021

Documents from Sigma Alpha Epsilon’s student conduct hearing reveal new details in the fraternity’s suspension, including members’ involvement in a burglary case and violations of COVID-19 protocol that the hearing committee said showed “an extreme disregard for human life.”

SAE’s student organization status was revoked in December following a student conduct hearing and appeals process.

According to an initial incident report, fraternity members broke into a Lexington house in September and were confronted by police. In emails obtained by the Kernel through an open records request, University of Kentucky administrators called the incident “pretty severe.”

UK police said the conflict began over a rental dispute. The house involved was owned by the mother of an SAE member and rented by a redacted individual.

“SAE members claimed that [redacted] told the landlord that they were SAE so that they could rent the house, and upon finding this out, SAE members told the landlord. [Redacted] claimed that SAE was upset that they attempted to rent the house when SAE’s lease was in limbo,” said the incident report, submitted to the acting director of the Office of Student Conduct on Sept. 25, 2020.

The report describes the following conflict as a “large physical altercation involving UK [redacted].”

At 2:30 a.m. on Sept. 25, 30 – 40 SAE members entered the house by breaking a window and knocking down a door while “allegedly armed with golf clubs and other dangerous instruments.” Blood would be found inside, and various items damaged.

8 – 10 residents were inside and cornered by SAE members.

“SAE members broke a TV, threw beer bottles, and cornered [redacted] in the house, making threats and pushing/shoving,” the report reads. When Lexington police arrived, SAE members fled to another house where they barricaded themselves inside and refused to open the door.

My younger daughter, an Army veteran and IT professional, told me about this one, so I just had to share it!

Looks like it’s time to watch Animal House again!

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The General Assembly overrides Governor Beshear’s vetoes, so he goes to court to try to override the legislature

In mid-January, I submitted an OpEd to the Lexington Herald-Leader, one which the editors chose not to print suggesting that Governor Andy Beshear ought to sign Senate Bill 1, which the General Assembly passed, and which the Governor threatened to veto. In it, I wrote:

In the political dispute between Governor Andy Beshear (D-KY) and the Republican majority in the General Assembly, the legislature has taken up, and approved, bills to restrict the emergency powers of the Governor under KRS 39A. The Governor’s declaration of an emergency, and the executive orders which followed, were initially generally approved, as the extent and severity of the COVID-19 pandemic was both worrisome, and unknown.

However, the public were told, and sold on, the notion that this was a problem that could be greatly reduced by fourteen days of action. Dr. Ezekiel J. Emanuel, writing in The New York Times, said:

Health experts have not been overreacting. Models from Imperial College London and others suggest that up to 2.2 million Americans could die within a year without sufficient efforts to “flatten the curve.”

At the same time, it is right to worry about how Covid-19 will wreck the economy. Projections already suggest that the American economy could contract by more than 15 percent in the second quarter and that the unemployment rate could surpass 20 percent.

But the economy cannot be fixed without solving the pandemic. Only after the virus is contained can we reopen restaurants, bars, gyms and stores; allow people to travel, attend conferences and visit museums; and persuade them to buy cars and houses.

The window to win this war is about seven to 14 days.

If the United States intervenes immediately on the scale that China did, our death toll could be under 100,000. Within three to four months we might be able to begin a return to more normal lives.

Published on March 23, 2020, three to four months would have been late June to late July. Despite actions taken by the vast majority of our nation’s governors, including Governor Beshear, Dr. Emanuel’s now-seemingly-rosy prediction fell flat on its face.

Kentucky State Police put notices on and recorded license plates of unoccupied cars at Maryville Baptist Church on Easter morning. April 12, 2020. Photo by
Scott Utterback, The Louisville Courier- Journal.

Governor Beshear’s actions became controversial fairly quickly. While the Governor first recommended that schools and churches close, of their own volition, on March 19th he made it an order. This included April 12th, which was Easter Sunday. When a few churches refused to be closed to in-person services on the holiest day of the Christian calendar, Kentucky State Police troopers recorded license plates and VIN numbers of worshipers in two church parking lots, an ugly scene which attracted nationwide attention.

Resistance started mounting in the Bluegrass State, and leaders of the General Assembly began asking the Governor to be included in his decision-taking, but Mr. Beshear declined. The Herald-Leader reported:

Beshear was asked at Friday’s (July 10, 2020) 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.

Under the state constitution, the Governor has the power to call the state legislature into a special session, but the General Assembly does not have the ability to call itself back into session. When the Kentucky Supreme Court prohibited all state lower courts from acting on suits to stop the Governor’s orders, in July, then finally ruled in November that his executive orders were legal, Republican leaders knew that it was only legislative action which could get them involved.

Republicans significantly increased their already large majorities in both chambers of the legislature, and several bills were pre-filed to limit the Governor’s power. Mr. Beshear promised to veto the bills even before they were passed, but the General Assembly passed them anyway, by large margins. The Governor has promised to challenge the bills’ legality in court if his vetoes are overridden.

Senate Bill 1 does not prevent the Governor from taking action during an emergency; what it does do is limit his executive orders to thirty days unless an extension is approved by the General Assembly. It further specifies that no emergency orders can suspend rights under the United States Constitution.

There is no reason the legislature cannot be consulted; the Governor simply chose not to do so, thus drawing lines in the sand and angering legislators. There may not be much that he can do to repair that fractured relationship, but signing Senate Bill 1, and agreeing to work with the General Assembly might be the best he could do.

If he vetoes it, his veto will be overridden anyway. The sensible thing to do is sign it.

Of course, the Governor did not sign Senate Bill 1, or any of the other legislation the General Assembly sent him, vetoing six bills, and allowing a seventh to become law without his signature. And, as predicted, the General Assembly overrode his vetoes:

GOP swiftly overrides Beshear vetoes. He immediately challenges COVID laws in court.

By Daniel Desrochers and Jack Brammer | February 2, 2021 | 5:56 PM EST | Updated February 2, 2021 | 6:50 PM

Kentucky Republicans asserted their control in Frankfort Tuesday, overwhelmingly voting to override vetoes issued by Democratic Gov. Andy Beshear of bills that limit his powers during the coronavirus pandemic and other emergencies.

The action by lawmakers upon returning to the Capitol after a three-week break set the stage for a court battle, which Beshear initiated immediately.

In announcing his lawsuit against House Bill 1, Senate Bill 1 and Senate Bill 2, Beshear accused lawmakers of surrendering to COVID-19.

“Today, the General Assembly attempted to surrender to COVID-19 and accept the casualties. As your governor, I cannot let this happen,” Beshear said. “I have filed this action to continue to fight for the protection of all Kentuckians.”

The action fulfilled a promise he made Monday to fight the laws in court, setting up another battle in which the judicial branch will determine whether Beshear has the power to place restrictions on gatherings and businesses to limit the spread of COVID-19.

The Governor’s lawsuit was filed in Franklin County Circuit Court; Franklin is the county in which the state capital of Frankfort is located. The Governor asked for:

a temporary restraining order, a temporary injunction and a permanent injunction against the Defendants, Robert W. Osborne, Speaker of the Kentucky House of Representatives, Bertram Robert Stivers, II, President of the Kentucky Senate, and Daniel J. Cameron, the Kentucky Attorney General.

The Governor is trying to run out the clock on COVID-19. Had he included the legislature in 2020, it might not have come down to this.

Regardless of the outcome of this filing, the loser will appeal to the state Court of Appeals, and then to the state Supreme Court. That isn’t a very good history:

On July 17th, the Kentucky Supreme Court halted all lower state court efforts to enjoin Governor Andy Beshear’s (D-KY) executive orders to fight COVID-19. Then, three weeks later, the Court set September 17th to hear oral arguments on those cases, which meant that Mr Beshear’s executive orders would continue in force, without any recourse to the state courts to challenge them, for two months before the state Supreme Court would even allow arguments against them.

Those oral arguments were heard, but it wasn’t until November 12th that the state Supreme Court issued its ruling. That’s 118 days, or 3½ months, that the state Supreme Court left the Governor’s orders in force without any actual legal ruling.

Sadly, when that court did rule, it ruled in favor of the Governor.

Under Senate Bill 1, Governor Beshear can still issue executive orders for up to thirty days, without the approval of the General Assembly to extend them, so the Governor’s latest executive order, extending the mandatory mask order until March 1st. The Governor cannot extend that order now, under Senate Bill 1, without the approval of the legislature. But if he gets his way on an injunction, he could extend the order, and, if we get the same 118 days from the state Supreme Court, that would take until June 27th before there was a ruling by the officially non-partisan but practically Democrat controlled state Supreme Court.

All of this could have been avoided if the Governor had included the General Assembly in his decisions, if he had not acted unilaterally and specifically chosen to ignore the legislature.

Translation: Governor Beshear believed that the legislature would not go along with his draconian decrees.

I will admit it: I have little faith that the state Supreme Court will uphold the legislature and the rights of Kentuckians.

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Governor Beshear vetoes bills limiting his power The General Assembly will override those vetoes on February 2nd

Governor Andy Beshear (D-KY) had promised all along that he was going to veto the bills limiting his ’emergency’ authority under KRS 39A; I wonder why it took him so long. Perhaps he thought that with the inauguration tomorrow dominating the news, people wouldn’t notice his vetoes?

Beshear vetoes five bills limiting his power. Republicans likely to override him.

By Daniel Desrochers | January 19, 2021 | 5:42 PM EST | Updated: 5:57 PM EST

Gov. Andy Beshear vetoed five pieces of legislation Tuesday that attempted to limit his executive powers, saying they would “significantly hamper the important steps” he has taken to slow the spread of COVID-19.

Beshear vetoed House Bill 1, Senate Bill 1, Senate Bill 2 and House Bill 5, all of which would shift power from the executive branch to the legislative branch when dealing with emergencies, such as the coronavirus pandemic. He also vetoed House Bill 2, which would give the Attorney General authority over enforcement of abortion laws.

“Issuing a veto is my constitutional obligation as governor,” Beshear said. “And it’s my job to issue those vetoes with veto statements when I don’t think something is constitutional, when I think something will harm Kentuckians.

Citing a poll conducted by a consortium of universities and medical schools, Beshear claimed an overwhelming majority of Kentuckians supported his previous orders calling on people to stay home and avoid gathering in groups, limiting restaurants to takeout and shutting down K-12 schools to in-person classes.

Governor Andy Beshear (D-KY)

Of course, in the only poll which matters, the one taken on election day, Kentuckians increased the Republicans’ majority in the state House of Representatives from 61-39 to 75-25, and in the state Senate from 28-10 to 30-8. Republican candidates had been campaigning on, among other things, reining in an out-of-control governor, and voters in the Bluegrass State bought that message.

As we’ve previously noted, Republicans hold not only veto proof majorities in both chambers of the General Assembly, but those margins are so substantial that the GOP could lose several Republican votes and still override the Governor’s vetoes.

Mr Beshear has said that, if his vetoes are overridden, he will challenge the laws in court. Authoritarians don’t like their authority challenged!

Beshear also vetoed Senate Bill 1, which, among other things, would call the legislature into session to approve emergency orders that last beyond 30 days. Had such a rule been in effect during (2020), Beshear said lawmakers would have been called into special session at least 10 times at a cost to taxpayers of more than $3 million.

Uhhh, no. What it would mean is that the legislature would have had the option of granting extensions for longer than thirty days at a pop. What the Governor really meant is that the legislature would not have approved all of his orders.

The General Assembly reconvenes on February 2nd, at which time the override votes are expected.

Perhaps, just perhaps, if the Governor had cooperated with the legislature last year, as they asked him to do, the General Assembly wouldn’t have passed the bills limiting his power now.

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Governor Beshear keeps playing politics with COVID-19

The minions of Governor Andy Beshear (D-KY) tweet stuff like this every day:[1]Only those tweets signed ^AB are from Mr Beshear personally.

As we’ve previously noted, the Governor has held off on issuing more executive orders while the General Assembly has been in session. My guess is that he is trying to make nice to the legislators, in the hope that they will not override his promised vetoes on legislation to curb his emergency authority under KRS 39A, but I’m not a mind reader.

The Governor announced 4,084 new cases of the virus, and 51 more COVID-19-related deaths, the third highest daily death total since the pandemic began.

We are suffering more casualties than in most wars we’ve ever fought. Let’s treat it like it.

Yet the Governor is not treating the virus as strongly as he did before the legislature began its session on January 5th. I wonder why (he says, sarcastically.)

Through its partnership with the state, Kroger will set up a series of “high-volume drive-thru vaccination centers” across different regions of Kentucky that, once they open the week of February 1st, will be accessible to anyone in the top three priority groups, including essential workers, anyone age 60 and older, and anyone over the age of 16 with certain health issues.

Beshear said he expects the partnership to radically expand the state’s ability to get doses of the vaccine out to residents quickly, especially as hundreds of thousands more people become eligible for their first dose in the coming weeks.

Governor Andy Beshear (D-KY)

For a Governor who used his power to shut down schools, ban large gatherings and even force churches to close, he won’t take that kind of action now. There are still two weeks before the Kroger “high-volume drive-thru vaccination centers” open, and while tier 1a and tier 1b vaccinations have begun, the vast majority of Kentuckians have not yet has their opportunities, and are not yet eligible. Yet most private and public schools are open for in-person instruction, and their sports teams are playing, with unmasked athletes very much not engaged in ‘social distancing.[2]Fayette County, which includes Lexington, the Commonwealth’s second largest system, is not yet open for in-person instruction, and will not until at least February 1st, but the Fayette County … Continue reading

As we previously noted, even when the Governor’s executive order closing all schools to in-person instruction was in force, because it was too dangerous to allow in classroom instruction despite plexiglass barriers, desks set further apart and mandatory mask-wearing, the Governor allowed the high school football playoffs to continue.

Under Senate Bill 1, which was passed and sent to the Governor, he retains his ’emergency’ power to do most of the things he has done; that power is simply limited to thirty days without the General Assembly approving an extension. That bill isn’t law yet, as the Governor has neither signed nor vetoed it yet, and he has six days, until January 21st, before he must take action or allow the bill to become law without his signature. If he vetoes it, the legislature would hold its veto override session on February 2nd, which means he could still issue an executive order which would extend until March 2nd before it either expired, or the legislature approved an extension.[3]If the bills are passed over his veto, the Governor has promised to challenge them in court.

What Governor Beshear has previously said and done, which he said was absolutely vital for the safety and well-being of Kentuckians, he isn’t doing anymore,[4]He did renew his mandatory mask order for thirty days, beginning on January 2nd, before the legislature opened its session. He could renew it before the legislature meets for a veto override vote. … Continue reading despite several recent records in test positivity and deaths. Has he decided that those so vital that they cost thousands upon thousands of people their jobs, and drove thousands of businesses out of business weren’t really that vital, or is he just playing politics with COVID-19?

References

References
↑1 Only those tweets signed ^AB are from Mr Beshear personally.
↑2 Fayette County, which includes Lexington, the Commonwealth’s second largest system, is not yet open for in-person instruction, and will not until at least February 1st, but the Fayette County schools athletic teams are playing.
↑3 If the bills are passed over his veto, the Governor has promised to challenge them in court.
↑4 He did renew his mandatory mask order for thirty days, beginning on January 2nd, before the legislature opened its session. He could renew it before the legislature meets for a veto override vote. And while it is not guaranteed, the mandatory mask order is the one which the legislature would be most likely to approve for an extension.
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The out-of-touch Lexington Herald-Leader doesn’t like it when the riff-raff express their opinions

It is with some amusement that I noted that the Editorial Board of what my, sadly late, best friend used to call the Lexington Herald-Liberal, in their complaints that Republicans in the Bluegrass State need to grow up:

Impeach Beshear? Seriously? In Frankfort and DC, Republicans need to act like grownups.

By Herald-Leader Editorial Board | January 22, 2021 | January 11, 2021 | 11:01 AM EST | Updated 11:11 AM EST

In the same week the U.S. Capitol was overrun by the domestic terrorists who make up Donald Trump’s base, Kentucky’s state legislature got to work. The “superdupermajority” of Republicans put all their energy and brain-power into making sure Gov. Andy Beshear was hampered in efforts to save us all from coronavirus, and then to put a cherry on it, announced they will set up a committee to impeach him.

So on one side of Frankfort is an earnest, serious politician, one who hasn’t gotten everything right but has tried hard to battle a pandemic the likes of which we haven’t seen since 1918. On the other side, we have some distinctly unserious people who are working hard on curbing said serious politicians, and, say, on how to hamstring the last two abortion clinics in the state while thousands of people get sick of COVID-19 and die.

If you want to know just how not serious these people are, they had to quickly amend their bill curbing the governor’s powers to close schools and businesses after Beshear himself reminded them that sometimes his rules were less stringent than the CDC.

Then to top off this tragicomedy of errors, House officials announced a panel to take up articles of impeachment against Beshear as a bunch of armed thugs circled the state Capitol. This is the same kind of militia movement that earlier this year hung an effigy of Beshear outside the governor’s mansion.

This must stop.

Senators Dennis Parrett, D-Elizabethtown, from left, Jared Carpenter, R-Berea, and Brandon Smith, R-Hazard, right, walk past demonstrators a protest at the State Capitol in Frankfort, Ky., Saturday, Jan. 9, 2021. Alex Slitz ASLITZ@HERALD-LEADER.COM

Armed thugs, huh? According to the dictionary, a thug is defined as “a violent person, especially a criminal.” Yet the article the Editorial Board linked bears no mention of any shots being fired. An accompanying photograph shows three state senators, one of whom was a Democrat, walking past the “armed thugs” without an apparent care in the world.

“The same kind of militia movement that earlier this year hung an effigy of Beshear outside the governor’s mansion”? Hanging the hated in effigy has a long history in America, as noted in The Hill:

Americans have a long history of citizens committing violence against president effigies to voice political dissent.

James Madison, John Tyler, Abraham Lincoln, Woodrow Wilson, Richard Nixon, Gerald Ford, and Jimmy Carter were all burned in effigy during their presidencies. And each time this happened, the offending party leaders repudiated the distasteful and disrespectful actions of their constituents.

President Obama was hanged in effigy, and Kathy Griffin posted a picture of her holding President Trump’s severed head.

The Editorial Board again:

But Republicans in Frankfort and Washington, D.C., who have played pattycake with these kinds of extremists for years, have got to stop this wing of the party from hijacking them literally, it seems, and on policy. They have got to become grown-ups and stop with these silly games that end in not so silly ways.

Did the hanging of Governor Beshear in effigy last spring end in violence? It seems that no one was harmed, other, perhaps, than the feelings of his supporters. Did the armed demonstration on January 9th result in injuries, damage or death? If it did, the Herald-Leader had nothing about that.

The Editorial Board appear to be like Twitter and The New York Times and others: they don’t like freedom of speech when it isn’t speech with which they agree.

In the article on the impeachment request, Herald-Leader reporter Daniel Desrochers noted that the petition was by four citizens, and that while there has been some talk about it in the legislature, “no sitting lawmaker has formally called for Beshear’s impeachment.” It would seem, then, that the Editorial Board is railing not against members of the General Assembly, but against a few citizens.

Of the four citizens who filed the petition, two aren’t even Republicans. Mr Desrochers noted that one of them, Jacob Clark, a 38-year-old machinist from Grayson County, is a Libertarian. Andrew Cooperrider of Lexington is also a Libertarian.

I would point out here the Editorial Board’s recent political endorsements:

  • 2020: Joe Biden for President, Amy McGrath for Senate, and Josh Hicks for 6th District Representative;
  • 2018: Amy McGrath for 6th District Representative
  • 2016: Hillary Clinton for President, Jim Gray for Senate, and Nancy Jo Kemper for 6th District Representative
  • 2014: Alison Lundergan Grimes for Senate, and Elisabeth Jensen for 6th District Representative

All Democrats, and all defeated in Kentucky and in the 6th District. It seems that the Herald-Leader Editorial Board isn’t exactly in tune with the voters of the Commonwealth.

Sadly, the editorial board did get their way in 2019, and Andy Beshear was elected. All he did was unconstitutionally suspend our First Amendment rights to the free exercise of religion and peaceable assembly, claiming that COVID-19 somehow trumped the Constitution of the United States, the same Constitution they are so vociferously defending when it comes to the election of Joe Biden. It’s almost as though there was some hypocrisy there!

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The Kentucky General Assembly is trying to protect our rights But Andy Beshear will try to get around them

On Saturday, January 9th, the General Assembly passed legislation to curb the Governor’s ’emergency’ powers.

House Bill 1

Both chambers also passed through an amended version of House Bill 1, designed to allow any business, school, church or nonprofit to remain open so long as their COVID-19 policies meet or exceed the guidelines of the CDC.

The bill was amended in committee that morning following criticism from Gov. Andy Beshear in his Friday COVID-19 briefing, who pointed out that the myriad of guidance from the federal CDC is often vague and contradictory, if not more restrictive than the governor’s own regulations.

The newly amended HB 1 passed by both chambers and sent to Beshear now allows those entities to stay open if they meet either the CDC or executive branch guidance, whichever is least restrictive.

Sen. Ralph Alvarado, R-Winchester, said they bill would provide “stability and predictability” to businesses and schools dealing with Beshear’s orders. However, Sen. Reggie Thomas, D-Lexington, countered that Kentucky would become the “Wild West,” resembling other states with little COVID-19 regulations and far larger rates of cases, hospitalizations and deaths.

Senate Bills 1 and 2

Both chambers also passed through an amended version of Senate Bill 1 and Senate Bill 2, both tackling Beshear’s COVID-19 emergency orders and regulations that have been fiercely criticized by Republicans as an arbitrary abuse of power for months.

Senate Bill 1 limits the governor’s emergency orders under KRS 39A to 30 days unless extended by the General Assembly, in addition to requiring the attorney general’s permission to suspend a statute under an emergency.

Senate Bill 2 allows legislative committees to strike down a governor’s emergency administrative regulations.

Governor Andy Beshear (D-KY) has already promised to veto the bills, but Republicans have not just veto-proof majorities in both chambers of the state legislature, but very strong veto-proof majorities. It requires a “constitutional majority,” meaning an absolute majority of all seats in each chamber, to override a gubernatorial veto. That means 51 votes in the state House of Representatives and 20 votes in the state Senate. Republicans hold 75 seats and 30 seats in those chambers, respectively.

The Governor has promised to challenge the bills’ legality in court if his vetoes are overridden.

In the Bluegrass State, the Governor has ten days, exclusive of Sundays, to sign or veto a bill; if he does neither, it becomes law without his signature. This means Thursday, January 21th. The bills, if vetoed, would be reconsidered when tghe legislature reconvenes on February 2nd.

This leads to a couple of timing issues. The Governor issued his most recent thirty day mandatory mask order in late December, to take effect on January 2th. This means he could, and almost certainly will, issue it again prior to the General Assembly overriding his veto. Since the bills will not become law until after the vetoes are overridden, he could issue it for 120 days, or even the entire year, and could claim that it was not subject to the new laws.

Put bluntly, I do not trust Governor Beshear or the state Supreme Court to respect our rights.

More, the Kentucky Supreme Court is simply not trustworthy. Officially non-partisan, it nevertheless tends to support Democratic positions when they are at issue. Following lower court rulings which granted injunctions against some of the Governor’s executive orders, the state Supreme Court consolidated the cases, and in July declared that it would decide all of the issues, and prohibited lower state courts from taking action on those orders. The Court then set September 17th as the date it would hear oral arguments, meaning that the Governor’s orders would be unchallengeable in state courts for two months.

Then, after that two month delay, the Court waited until November 12th to issue their ruling, which upheld the Governor.

Senate Bill 1 provides that the Governor’s executive orders can last for only thirty days. If the vetoes are overridden, that would mean that an executive order issued on February 2nd would be good until March 4th. A state Supreme Court which favors the Governor could, in late February, issue an injunction against enforcing the laws until the Court decides their legality, schedule oral arguments a couple months later, and then issue their rulings a couple months after that. That could easily take us into summer!

And if every i and j isn’t properly dotted, every t properly crossed, the state Supreme Court would side with the Governor.