The lawsuit was brought forward by several northern Kentucky businesses and joined by the Attorney General. It challenges the constitutionality of Beshear's use of executive power during the pandemic.
In a hearing that took place this week, Circuit Court Judge Richard A. Brueggemann ruled in favor of Kentucky businesses and granted a request for a restraining order against certain executive orders. The order puts a stop to the statewide enforcement of Beshear's executive orders that apply to childcare centers and racetracks.
"Over the course of the COVID-19 pandemic, Governor Beshear's restrictive executive orders have shuttered the Commonwealth's economy, leaving nearly half of our workforce unemployed and dictating the manner in which Kentuckians can live their lives," said Attorney General Cameron. "While there is no doubt a need to protect public health during this pandemic, our Constitution expressly prohibits one person from controlling every aspect of life for Kentuckians. The statewide temporary restraining order issued today suggests the court shares our concern that the Governor's executive orders are arbitrary and violate the constitution."
The lawsuit argued that since Beshear declared an emergency back on March 6, he has issued complex, overbroad and sometimes conflicting orders. Cameron says that Beshear does have the right and the duty to protect Kentuckians from a public health emergency, however the law requires the Governor's actions to be targeted and proportional to the particular threat the Commonwealth is facing.
According to Cameron, Beshear's broad emergency declaration and executive orders have allowed him to micromanage the economy and the lives of Kentuckians for approximately four months through his executive orders, without regard for the separation of powers granted to the executive, legislative, and judicial branches of government within the Kentucky constitution.
The case is ongoing and the court will now consider each of Cameron's claims, including that the Governor has violated the rights in Section 1 of the Kentucky Constitution, acted arbitrarily in violation of Section 2, and has failed to provide due process to Kentuckians he has taken rights away from.
You can see a copy of the temporary restraining order at the link below.
On the Net:
Temporary Restraining Order
