By Tom Latek
Kentucky Today
The Kentucky Supreme Court’s unanimous ruling on Thursday, reversing a lower court opinion that would have restricted Gov. Andy Beshear’s emergency powers during the coronavirus pandemic, has led to a reaction from both sides who argued the case before the high court.
The governor said the justices sent a very clear and unambiguous message, “The actions my administration has taken are both legal and constitutional and fundamental to an effective response to a type of virus that requires a comprehensive statewide approach without which we lose more people.”
Gov. Beshear
He said because of what is at stake, not because of who is in the lawsuit, “That I am grateful to the Supreme Court for their decisions, because I am.”
According to Beshear, if the suit, brought by three Northern Kentucky businesses, and to which Attorney General Daniel Cameron’s office joined on their behalf, was successful, it would have eliminated every single safeguard in Kentucky to keep people safe.
“That could be the mask mandate in which the Trump White House supports us,” he said. “It could be restrictions on even indoor arenas where we know super-spreader events have taken countless lives. It would have defunded our public schools that have to turn to virtual options when community spread gets too high. It would have left first responders without the workers’ comp that they deserve when they have to quarantine because of their exposure to this virus.”
His bottom line: “It would have resulted not just in difficulty, but in death, had this challenge ultimately been upheld.”
When asked if the unanimous decision would make any attempt to have the high court reconsider the ruling an exercise in futility, Beshear responded, “I think 7-0 tells you something.”
Cameron issued a statement on Twitter in response to the ruling.
“I will always stand up for the constitutional rights of Kentuckians, and there has never been a more important time to do so than when the limits of executive powers are being stretched and questioned,” he tweeted.
Attorney General Cameron
“We have always maintained that the governor should be able to enact policies that protect the rights of citizens, but he must follow a process that allows for public input and follows the Constitution. While the court disagreed with our position in this case, there are still lingering issues regarding KRS 39A [which covers a governor’s emergency powers], and executive power that must be addressed by the General Assembly in the upcoming legislative session.”
House Speaker David Osborne, R-Prospect, also issued a statement, in which he said:
“We are currently reviewing today’s decision and will refrain from commenting directly on it. However, it appears that the court’s opinion provides further evidence of the great need to better define emergency powers granted by previous legislatures. Ultimately, the real issue is what can be done to ensure that the actions taken under a state of emergency follow the appropriate process, include necessary input and provide consistent and logical guidance.”
Senate President Robert Stivers, R-Manchester, also issued a statement and hinted at more action during the upcoming legislative session.
“We are currently reviewing the 103-page opinion to see if we agree with the court on legislative grants of power to the governor and power granted to him through the Kentucky Constitution,” he said. “Upon reading and researching the opinion and these issues, I will propose an appropriate course of conduct for our chamber for the upcoming 2021 Legislative Session.”
House Democratic Leaders Joni Jenkins, Derrick Graham and Angie Hatton issued a combined statement in support of Beshear and the high court’s ruling.
“(The) unanimous ruling by the Kentucky Supreme Court is both a win for public safety and for the rule of law. We applaud the justices for making it clear that the governor has authority to take actions that protect Kentuckians during an emergency. At the same time, we’re still dismayed that we even have to say that. It is galling that the attorney general, our chief law enforcement officer, does not see the law the same way and that he sought action that would have needlessly put lives in danger. While we agree that there is always room for improvement and that legislative oversight is a critical function of government, this opinion puts in perspective why a governor has these powers. We have to be careful as legislators before undermining this authority.”
