We have previously noted that the Kentucky Supreme Court took over all of the state court actions concerning Governor Andy Beshear’s (D-KY) executive orders concerning COVID-19. I was hoping that the Court would uphold lower court actions against them, but to be honest, I was not particularly optimistic. From the Lexington Herald-Leader:
Kentucky Supreme Court rules Beshear’s COVID-19 restrictions are legal
By Jack Brammer | November 12, 2020 | 10:11 AM EST
In a major victory for Gov. Andy Beshear, the Kentucky Supreme Court unanimously ruled Thursday that the Democratic governor’s emergency regulations to slow the spread of COVID-19 are legal.
The state’s highest court ruled in a 103-page decision that Beshear properly declared a state of emergency in March and validly invoked powers granted to him under the state constitution.
“The governor’s orders were, and continue to be, necessary to slow the spread of COVID-19 and protect the health and safety of all Kentucky citizens,” the court said in a decision written by Justice Lisabeth T. Hughes. “This type of highly contagious etiological hazard is precisely the type of emergency that requires a statewide response and properly serves as a basis for the governor’s actions …”
The decision means dozens of emergency orders from the governor, ranging from a requirement for most Kentuckians to wear a mask in public to class sizes in child care centers, will remain in effect.
There’s more at the original, but now our only hope remains the General Assembly, which will not be in session until January.
But, as was also pointed out:
Kentucky Republicans expanded their dominant 62-seat supermajority in the state House on Tuesday, flipping at least 10 seats occupied by Democrats and defending several targeted incumbents.
By Wednesday morning, Republicans had picked up at least 10 of these seats from Democrats and led in three more races in Democratic-held districts where most of the votes were counted.
This would give Republicans a 72 to 28 supermajority in the House chamber, with the possibility of expanding to 75 seats once the other races are called.
In the state Senate, in which the GOP previously had a veto-proof majority of 28-10, Republicans picked up two more seats, for a 30-8 majority.
Governor Beshear would not consult with the General Assembly on his COVID executive orders, because he knew that the legislators would not give him carte blanche. As we have previously noted, the Governor had no intention of doing so:
Beshear was asked at Friday’s (July 10, 2020 — Editor) 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.
So, it comes down to this: we will have to wait for the General Assembly to take action. Fortunately, Republicans now hold veto-proof margins in both chambers.
What will happen next? I really don’t know, but with COVID-19 making a resurgence, too many of the sheeple will welcome authoritarian action; the Justices on the state Supreme Court certainly did.
Well, I’m starting to get the new site built!
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