KY judge delays following Supreme Court COVID order as Beshear & lawmakers negotiate
Kentucky Gov. Andy Beshear and legislative leaders are working together on a new set of COVID-19 emergency orders, which they hope to present to a Franklin Circuit Court judge before he dissolves an injunction against new laws that will torpedo Beshear’s existing emergency orders and regulations.
At a status conference hearing Thursday morning, Franklin Circuit Judge Phillip Shepherd said he will follow the Kentucky Supreme Court’s instructions in a ruling last Saturday for him to dissolve the injunction but he will wait until the court hears more about the work between the Democratic governor and the Republican legislative leaders.
The high court unanimously said the injunction was wrong and that the new laws limiting Beshear’s emergency powers during the coronavirus crisis should not have been blocked. A provision in one of the new laws would limit Beshear’s executive orders to 30 days unless renewed by the legislature.
At a news conference later Thursday, Beshear said this week’s high number of COVID-19 cases and hospital staffing shortageswould have spurred him to enact a statewide mask mandate for indoor settings across the state.
“I can’t do that now. I get that,” he said in light of the Supreme Court decision. “I will provide all the information I can to the General Assembly and hopefully they will make the best choice that they can.”
Senate President Robert Stivers recently said it would be difficult to win legislative approval for a statewide mask mandate but a limited mandate, such as for people in the health care industry, might be possible.
David Fleenor, counsel for Stivers, told Shepherd he did not know exactly when the negotiations between the governor and lawmakers would be completed but said he expects it to be in days, not weeks, quickly adding, “I hope I’m not being overly optimistic.”
“There are probably a lot of areas of agreement of things we ultimately want to keep in place,” said Fleenor, without identifying any specific areas.
Shepherd asked the parties involved to report back to him on Sept. 7.
It is uncertain if a special legislative session will be needed to get lawmakers’ approval of a plan to deal with the raging COVID-19 virus, which threatens to overwhelm the state’s hospitals.
Only the governor can call a special session and set its agenda. A special session would cost taxpayers about $68,000 a day.
Beshear applauded legislative leaders for seeking more time to reach a consensus with him, saying it was “a really responsible decision by them.”
He said he has given to lawmakers a list of his emergency orders currently in place and will talk to them “about what needs to take place.” Current orders, he said, include providing workers’ compensation for front-line workers who get the virus and recognizing doctors’ licenses in other states to increase the state’s health care capacity.
He said it would not be right to call a special session immediately. “I’m trying to give us our best chance at success.”
Shepherd also told the parties at Thursday’s hearing that he will not order mediation but he would be willing to get a third party to help them negotiate if they want help.
This story was originally published August 26, 2021 at 11:57 AM.
