FRANKFORT, Ky. — A federal judge heard arguments Tuesday on a request for an emergency injunction to reverse Governor Andy Beshear's inauguration day executive order, that removed all 11 of the Kentucky Board of Education members who were appointed during previous Governor Matt Bevin's administration, from their appointed positions.

U.S. District Judge Gregory F. Van Tatenhove says he will review arguments from both sides and will make a ruling either by the end of the week or early next week.

10 of the 11 former Board of Education members signed onto the federal lawsuit against Governor Andy Beshear, claiming they were illegally removed from their volunteer positions, without cause and their due process was violated.

• OUSTED KBE MEMBERS FILE FEDERAL LAWSUIT

Attorney Steven J. Megerle, who represents the ousted KBE members, argued in court for the judge overseeing the hearing to reinstate his clients to the board, pending full legal proceedings to take place at a later date. 

"We think the court understands the fact that there are problems when the governor asserts unlimited power when the General Assembly has stated that a governor can or cannot act in a certain way in this governor has acted in a way that is contrary to the laws of the General Assembly has passed with this board and commission we thought, the judge that was well taken with the court," explains Megerle

Judge Tatenhaven shared with attorneys for both sides, that he was unsure why this state matter was escalated to the federal court. Megelre contends that since his clients' due process was violated and lawsuits involving complaints such as these, have federal jurisdiction.

Attorney's representing the Beshear administration, argue that the Governor has executive powers that allow him to abolish and re-create state boards, with legislative approval.

Several of the ousted KBE members are partnering with the Bluegrass Institute, to challenge Beshear’s actions to fire the remove the previous board members, some whose terms had not yet expired.

“Gov. Beshear’s executive order violates the spirit of KERA, overtly-politicizes the KBE and constitutes a political power grab specifically intended to be outlawed under KERA,” said Gary Houchens, a member of the Bluegrass Institute Board of Scholars.