FRANKFORT, Ky. — Gov. Andy Beshear said his coronavirus orders saved lives during the pandemic. His administration defended the orders once again at the Kentucky Supreme Court Thursday.
“It would’ve been irresponsible for a governor not to have had the authority to take the actions that were taken here, and it’s critical that governors in the future have this power, too,” he said.
What You Need To Know
- Arguments have begun as the Kentucky Supreme Court hears a case challenging Gov. Beshear's executive authority
- The case challenges the flurry of executive actions Beshear enacted at the onset of the COVID-19 pandemic
- The state’s highest court sided with Beshear last year, but then lawmakers passed tighter rules on the governor’s emergency power earlier this year
- The main issue being considered: who has more power in an emergency, the legislature or the governor?
The state’s highest court sided with Beshear last year, but then lawmakers passed tighter rules on the governor’s emergency power earlier this year.
“It’s not executive power, it’s legislative power,” said Chad Meredith, an attorney with the Kentucky Attorney General’s office. “And the legislature, by Section 15, can define how they want that power exercised.”
Goodwood Brewing Company, which owns bars in Louisville, Lexington and Frankfort, challenged the orders in Scott County.
Attorney Oliver Dunford said they should’ve been able to open months ago if Beshear had followed the law.
“The new laws have restricted the governor’s emergency powers, and that’s the sole issue: whether the governor has to follow the law,” Dunford said.
The Attorney General’s office argues Beshear doesn’t even have the legal standing to challenge the new laws.
“Instead, this case just presents an abstract, academic difference of opinion about the validity of statutes,” Meredith said.
Outside of the issue of whether the new laws — House Bill 1, Senate Bill 1, Senate Bill 2, and House Joint Resolution 77 — are constitutional, there’s also the question of whether this legal challenge means anything with most of the restrictions ending Friday.
Amy Cubbage, lead attorney for the governor’s office, said if the emergency declaration goes away, there will be consequences.
“That emergency declaration needs to stay in place for much of the federal funding that we are getting as well as to enable the continuing vaccine effort,” Cubbage said.
And then comes the over-arching question: who has more power in an emergency, the legislature or the governor?
Beshear says the Kentucky constitution sides with him.
“I absolutely believe that there is emergency authority with the executive under the constitution. If there wasn’t, we’d be in trouble,” Beshear said.