Cameron v. Beshear
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The Supreme Court reversed the judgment of the circuit court granting a temporary injunction against implementation of House Bill 1, Senate Bill 1, Senate Bill 2, and House Joint Resolution 77, which the General Assembly enacted during the 2021 regular session and which amended the Governor's power to respond to emergencies, as granted in Ky. Rev. Stat. 39A, holding that the circuit court abused its discretion in issuing the injunction.
The Governor and the Secretary of the Cabinet for Health and Family Services filed this declaratory action seeking a declaration that the recently-passed legislation unconstitutionally infringed on the Governor's executive powers under the Kentucky Constitution. The circuit court temporarily enjoined implementation of the challenged legislation. Thereafter, the Governor sought modification of the temporary injunction to cover HJR 77, to which the Attorney General objected. The circuit court granted the request and put on hold the implementation of HJR 77 as well. The Supreme Court reversed, holding (1) this case presented a justiciable case or controversy; and (2) the temporary injunction was not warranted.
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