Wednesday, March 3, 2021

Franklin Circuit judge issues injunction blocking three new laws the legislature passed to limit the governor's emergency powers

A Frankfort judge has blocked three laws the legislature passed to limit Gov. Andy Beshear's emergency powers amid the coronavirus pandemic.

Judge Phillip Shepherd
Franklin Circuit Judge Phillip Shepherd's injunction affects laws limiting the governor's emergency orders to 30 days unless ratified by the legislature, giving legislative committees more say-so about emergency regulations, and allowing businesses and schools to comply with state executive-branch guidelines or guidance from the Centers for Disease Control and Prevention, whichever is least restrictive.

All three bills had emergency clauses making them law immediately, but only the last one actually had an immediate effect. Shepherd had already blocked it with a temporary restraining order, then asked, that the Democratic governor and the Republican-controlled General Assembly overcome their "communication gap" and compromise.

Beshear spokeswoman Crystal Staley told the Lexington Herald-Leader, “Recently, we have been having productive conversations on a wide range of topics with legislative leaders. We will attempt to work with them on this and other topics now and in the future.”

Nevertheless, the legislature and Republican Attorney General Daniel Cameron are expected to appeal, perhaps directly to the state Supreme Court, bypassing the Court of Appeals.

This story will be updated.

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