Kentucky Supreme Court blocks AG’s attempt to stop Beshear’s COVID-19 orders

FRANKFORT, Ky. – In an unanimous decision Friday, the Kentucky Supreme Court dealt a blow to Kentucky Attorney General Daniel Cameron’s charge to undue Gov. Andy Beshear’s executive orders related to the COVID-19 pandemic.

The state’s high court said Kentucky needs a consistent public health policy, and the state’s legislature has given the governor executive powers to issue such orders during a public health emergency. The court issued a stay on all orders of injunctive relief without a full review by the state Supreme Court.

“In the midst of a global pandemic that has resulted in the Governor issuing Executive Orders deemed necessary to the protection of the public health and safety, two circuit courts have issued injunctive relief preventing the enforcement of specific Executive Orders challenged by plaintiffs who claim injury to their respective business interests,” the Supreme Court Order reads.  “It appears that one circuit court has indicated an intent to issue an Order shortly that will enjoin all executive orders entered by the Governor and any actions taken pursuant to his public emergency powers.

“Given the need for a clear and consistent statewide public health policy and recognizing that the Kentucky legislature has expressly given the Governor broad executive powers in a public health emergency, the Court orders a stay of all orders of injunctive relief until such time as the various orders are properly before the Court with a full record of any evidence and pleadings considered by the lower courts,” the order reads.

Beshear, Kentucky Cabinet for Health and Family Services Secretary Eric Friedlander, Commissioner of the Kentucky Department of Public Health Dr. Steven Stack and the Kentucky Department of Public Health petitioned the Supreme Court to intervene after judges in Boone and Scott Circuit Courts issued injunctions against some of Beshear’s public health executive orders related to COVID-19.

“The Boone and Scott Circuit Courts may proceed with matters before them and issue all findings of fact and conclusions of law they find appropriate but no order, however characterized, shall be effective,” the order reads.

“Our stay shall continue until the full record of proceedings below is reviewed by this Court, all parties have been given the opportunity to address the orders in briefs, and this Court issues a final order addressing these issues of paramount public importance to all citizens of the Commonwealth.

“This Court hereby directs that any lower court order, after entry, be immediately transmitted to the Clerk of the Supreme Court for consideration by the full Court pursuant to its constitutional authority under Section 110,” the order reads.