UPDATE: Protests greet Supreme Court; Beshear, Cameron discuss court hearing
FRANKFORT, Ky. (WTVQ) – People protested on the outside and lawyers argued on the inside.
And in the end, a ruling not only will decide on coronavirus mandates and how they are handled but also will define some balance of powers within state government.
As the state Supreme Court met to hear 75 minutes of arguments on the legality of orders, a crowd rallied against Gov. Andy Beshear’s actions during the pandemic. Signs called him a tyrant and accused him of violating the Constitution.
Inside, the high court heard from his General Counsel who argued the governor’s call to mandate masks and regulate businesses including day cares and others was well within his power and needed to save lives.
Attorney General Daniel Cameron’s Solicitor General argued this was not about safety measures, it was about power. He described a stack of the Governor’s orders as overreaching and in violation of the state Constitution.
“And to take away all of the abilities that we have to fight against a virus that comes for our people in the midst of a pandemic is reckless and irresponsible,” Beshear said previously.
“I understand his position and view but even during the midst of a pandemic the Constitution is not suspended, that is what we’ve tried to articulate from day one. I hope he recognizes that we’ve done this in good faith and that he will stop the disparaging remarks at his 4 o’clock Team Kentucky press conferences,” Cameron said.
“Today what we saw was individuals with zero wearing masks and no social distancing. They may say ‘I’m OK if I get it,’ but they can spread it,” Beshear said during his Thursday afternoon briefing. “I don’t mind if they disagree with me, I just wish they’d take the steps to protect their fellow human beings, do what is necessary to protect the parent who is going to go home.”
Beshear continued later in the briefing.
“I still cannot understand…I cannot wait until I don’t have to make decisions between bad and bad,” Beshear said, suggesting “political theater” is guiding some of the decision-making.
Inside the court, lawyers for Gov. Andy Beshear and his administration, several Northern Kentucky businesses, and Attorney General Daniel Cameron and the Legislature spent about 75 minutes arguing their positions and answering questions from the state Supreme Court during a hearing Thursday morning.
The case centers on whether Beshear has exceeded his authority and the Constitution in issuing some of his orders to control the spread of the coronavirus with restrictions on public behavior, and whether some of the opposition is relying on hindsight to try to address the ever-changing landscape associated with the knowledge of the virus.
Buckner called the legal challenge an “unprecedented” maneuver seeking to “gut the governor’s ability to take action in emergencies.”
“Their claims seek to wipe out the health requirements related to coronavirus while coronavirus is still ongoing,” Buckner said.
Meredith countered Beshear has “unilaterally created his own legal code” with his orders. The case pits the Democratic governor against the Republican Cameron, who joined in challenging the actions.
“For going on seven months now, the governor has been issuing executive orders to control breathtaking aspects of the citizen’s private lives in Kentucky,” Meredith said. “Over 800 pages of executive orders and memoranda. And they keep coming.”
Beshear should follow another course to combat the virus — issuing administrative regulations that involve public input, he said.
Buckner said the governor has authority under state law to take executive actions in response to the health emergency that’s claimed the lives of more than 1,000 Kentuckians.
It’s unclear when the Court will issue a ruling.
ORIGINAL STORY POSTED AUG. 8, 2020
FRANKFORT, Ky. (AP) — Kentucky Gov. Andy Beshear and Attorney General Daniel Cameron have filed opposing briefs ahead of an upcoming legal showdown focused on the governor’s COVID-19 emergency orders.
News outlets report that the briefs were submitted to the Kentucky Supreme Court on Friday.
The state’s highest court has scheduled arguments for Sept. 17 in the case pitting the Democratic governor against the Republican attorney general, Daniel Cameron. Cameron contends the governor overstepped his constitutional authority with the orders.
In July, the state Supreme Court stepped into the dispute by halting attempts to block Beshear’s executive actions pending its own review.
Beshear has ordered that most Kentuckians wear masks in public for another 30 days. That order and others by Beshear are being challenged by Cameron.
“The Governor – above all else – has a constitutional duty to protect the public safety and welfare of all Kentuckians from this emerging and deadly disease,” the brief states.
Meanwhile, Cameron argues that the Democratic governor “simply does not have the authority to act as a one-man legislature, even during a pandemic.”
“This declaration touched off a dizzying cavalcade of orders, guidance memoranda, and regulations that impacted or controlled nearly every aspect of Kentuckians’ lives,” the attorney general’s brief reads.
While most people who contract the coronavirus recover after suffering only mild to moderate symptoms, it can be deadly for older patients and those with other health problems.
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