Immediately after the Kentucky General Assembly finished overriding all his vetoes, Governor Beshear filed a lawsuit to block the implementation of the bills limiting his ability to deal with the coronavirus pandemic.
The lawsuit (linked at the bottom of this story) requests a temporary restraining order, a temporary injunction, a declaration of the governor’s rights under the law, and a permanent injunction.
The filing spells out in some detail the dangers presented by the virus, as well as noting that the early actions of the governor in the beginning of the pandemic were in line with similar actions taken by the federal government.
The filing then notes the latest approach: “With the evolution of COVID-19 and our understanding of it, the Governor’s approach has evolved to a surgical and targeted approach based on expert advice, scientific studies, and real-time experience fighting the virus. The current approach involves a calibrated assessment of the risks posed by specific activities, and implementation of tailored measures to mitigate those risks with specific characteristics of Kentucky in mind. Notably, the White House recently “commended” the Governor for the widely-celebrated success of his “active measures.”
The filing also notes that Governor Beshear reached out to the leaders of the legislature to see if a compromise could be reached, but the leaders responded that they were too busy to talk with him, and proceeded to override his vetoes.
After further outlining the actions taken by the governor and the success of those actions, the lawsuit specifically targets House Bill 1, Senate Bill 1, and Senate Bill 2.
The filing list twenty-seven different “claims” where the bills as passed by the legislature violate either the Kentucky Constitution or the Kentucky Revised Statutes, with each claim laid out with explanation and references. (The twenty-seven claims take thirty-four pages to spell out.)
Finally, the lawsuit request these actions by the court:
“WHEREFORE, Plaintiffs demand as follows:
- A declaration that SB 1 violates Sections 2, 27, 28, 36, 42, 55, 59, 60, 69, 75, 80, 81, and 88 of the Kentucky Constitution;
- A declaration that HB 1 violates Sections 2, 27, 28, 55, 59, 60, 69, 75, 81, and 88 of the Kentucky Constitution;
- A declaration that SB 2 violates Sections 27, 28, 42, 55, 59, 60, 69, 75, 81, and 88 of the Kentucky Constitution;
- Preliminary and permanent injunctive relief preventing enforcement of SB 1;
- Preliminary and permanent injunctive relief preventing enforcement of HB 1;
- Preliminary and permanent injunctive relief preventing enforcement of SB 2; and
- Any and all other relief to which Plaintiff appears entitled.”
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