Beshear v. Honorable Glenn E. Acree
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The Supreme Court held that, in response to the COVID-19 global pandemic, Governor Andy Beshear properly declared a state of emergency and validly revoked the emergency powers granted to him in Ky. Rev. Stat. 93A.
After the Governor declared a state of emergency pursuant to Executive Order 2020-215 on March 6, 2020 and proceeded to issue additional executive orders and emergency regulations, Plaintiffs filed suit challenging various orders affecting the reopening of their businesses. The parties obtained a restraining order prohibiting enforcement of certain of the emergency orders. On July 17, 2020, the Supreme Court stayed all injunctive orders. In this opinion, the Supreme Court lifted the stay and directed that those cases proceed consistent with this opinion and, as to circuit court litigation, reversed the July 20, 2020 order that would have granted a temporary injunction against enforcement of the Governor's orders but that was held in abeyance and remanded the case. The Court held (1) the governor properly invoked his emergency powers; (2) during the emergency, no violation of the separation of powers provisions of the Kentucky Constitution occurred; (3) Ky. Rev. Stat. 13A does not limit the governor's authority under the Constitution and Ky. Rev. Stat. 39A in the event of an emergency; and (4) the challenged orders and regulations are not arbitrary under the Constitution.
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