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Judge temporarily blocks Kentucky governor's Covid-19 executive orders -- the same day he requires masks
Scott County Circuit Judge Brian Privett issued a temporary restraining order against Beshear in a case filed by Kentucky Agriculture Commissioner Ryan Quarles and agritourism business Evans Orchard and Cider Mill, LLC, challenging the governor's use of executive power during the pandemic. Kentucky Attorney General Daniel Cameron, a Republican, joined the lawsuit last week.
In order to issue and enforce executive orders related to Covid-19, Privett wrote that the governor must first "specifically state the emergency that requires the order, the location of the emergency, and the name of the local emergency management agency that has determined that the emergency is beyond its capabilities."
The move follows other state lawmakers' internal clashes over governors' use of executive power responding to the coronavirus in Michigan and North Carolina. Kentucky is currently one of only four states that are seeing decreases in the rates of new coronavirus cases, as well as Connecticut, Massachusetts and New Hampshire, according to Johns Hopkins University data.
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Beshear lambasted the judge's decision during a press briefing Thursday, promising to appeal it in higher court.
"This is dangerous and devastating and for a court to say, 'I guess I just don't believe that the virus exists and you don't have to do anything,' no social distancing, nothing else, is absolutely irresponsible," he said.
Beshear asserted that for the temporary block to require him to undergo a new process to put out an emergency order "is absolutely wrong under the law. We're sending it up to the court of appeals, we're going to get this to the Supreme Court."
Beshear also slammed Cameron's support for the lawsuit against the order, saying that "this shouldn't be political and it all seems to be."
"We've got to move past it, I'm going to continue to do what it takes," Beshear said. "(Cameron) put in that order today, we're doing the mask mandate today. We'll beat him in court and just because the circuit judge there, I guess, thinks he's an epidemiologist and we don't need any types of restrictions, I know that's not the case."
http://www.cnn.com/2020/07/09/politics/kentucky-circuit-judge-coronavirus-orders-masks/index.html
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