![Kentucky Supreme Court backs laws limiting governor’s emergency powers](https://www.jurist.org/news/wp-content/uploads/sites/4/2021/04/Andy-Beshear.jpg)
The Kentucky Supreme Court ruled unanimously Saturday that a temporary injunction blocking new laws limiting Kentucky Governor Andy Beshear’s emergency powers was improper, and it remanded the case with instructions to dissolve the injunction.
Beshear declared a state of emergency on March 6, 2020, in response to the COVID-19 pandemic. Following legal challenges brought by business owners, the Kentucky Supreme Court ruled in November in favor of Beshear’s COVID-19 restrictions. This overturned a lower court’s ruling for the businesses that had challenged the restrictions.
However, during the 2021 legislative session, the Kentucky General Assembly passed HB 1, SB 1, and SB 2. These bills restricted the governor’s ability to take unilateral action during declared emergencies. They became effective on February 2, 2021.
Beshear then filed suit, alleging that the legislation unconstitutionally infringed upon his executive powers. In March, Franklin County Circuit Judge Phillip Shepherd granted an injunction that temporarily blocked the laws. However, on Saturday, the Kentucky Supreme Court ruled that the injunction was improper and remanded the case, instructing the lower court to dissolve the injunction.
The court found that a temporary injunction was not warranted under the circumstances. The court noted that the governor had no implied or inherent emergency powers beyond those given to him by the legislature. The court also said that, because the executive branch retained the final say on administrative regulations, the legislation did not violate sections 27 and 28 of the state constitution, which mandate strict separation of powers.
Because the legislation was lawfully passed, the governor’s complaint did not present a substantial legal question that required an injunction. The court concluded that the lower court abused its discretion in finding otherwise.