Anybody else hear about this? I had my phone going nuts yesterday night/early morning regarding him having to be before the State Supreme Court for "how" he has handled (or NOT) this "pandemic". There is a call out for people to attend at the Court House next Thursday at 930. The Judges will supposedly be watching for OUR response to the hearing, from what I understan.d Next Thursday also happens to be Constitution Day here in America, interestingly enough. Anyone else going? I got a party of at least 5 showing up.

Get the guillotine out.

I thought the Supreme Court already ruled unanimously that he had done nothing illegal ....or otherwise, outside of 'the boundaries' whatever those are for KY ....?

The only ruling the Supreme Court has made was to delay making any decisions until after this hearing. The lower courts have ruled four times and each ruling said that Beshear has overstepped his authority and violated the state constitution. Beshear has appealed each of those and this hearing is the result of those appeals. There have been people working to stop the Governor for months. Not many people have been paying any attention to it and damned few giving them any help.

https://www.ar15.com/forums/Hometown/Ky-Court-of-Appeals-DENIES-Beshears-Appeal-of-Circuit-Court-ruling-about-Covid-19/27-645858/?page=1#i7115344

On Tuesday the Joint interim Subcommittee on Administrative Regulations held a meeting and at that meeting a vote was take on whether or not the Sub-committee found Governor Beshear's Orders on the Covid-19 virus "deficient". The Makeup of that sub-committee is 5 Republicans and 3 democrats. The vote tally found that the orders are not "deficient". The vote was all democrats voted "NO" and they were joined by 2 of the republicans only 3 votes found the orders deficient and those were by the remaining republicans. This is exactly why we can't move anything ahead. Even when we hold the majority, we can't win a vote. The dems stick together on 100% of the votes, 100% of the time and our side won't do it. The
Supermajorities we hold are meaningless because we still can't win a vote. There had been a call for people to show up at this meeting and express their objections to the Governor's Covid Orders. Four people showed up.

That is what they keep spamming in all their Facebook posts but it is absolutely false.  First of all, do you really want a Supreme Court that rules based on public opinion instead of the Constitution and law?  I don't and doubt the justices care.  But it is still a good idea for our side to show up and make noise.

The lower courts ruled against his actions because he did not follow the proper procedure for declaring an emergency and issuing regulations.  He is supposed to have a statement from the state agencies stating it is an emergency situation that they cannot handle, define the KRS that covers that emergency, and then get public input from the public and/or general assembly before he starts dictating orders.  Beshear did none of these things.  This Supreme Court threw out the Republican pension from a couple years back because they did not follow the proper procedure for creating a new bill.  The ruling should be pretty straight forward that Beshear did not follow the proper procedures; however, I bet the courts let him get away with it or delay their ruling until after Beshear lifts a bunch of the restrictions and the action won't matter.  

yeah that thread ... where I posted from an email I got from Gov's office.
oh well ... now I'm confused and I'll just wait to see what happens next.

Not only all that, but if the Court rules against Beshear for some improper method of issuing the Orders, what is there to prevent him from just re-issuing new orders that do follow the correct procedures and impose the same restrictions as the original? The only ruling that will accomplish anything is for the Court to say that he has exceeded the authority given to him and I think it is going to be very difficult for them to make that ruling. A long-term emergency was never contemplated by the authors of Chapter 39A of the KRS. We are now paying the price for that lack of fore-thought.

The Supreme Court does not make decisions on the basis of public opinion. If it did our laws would swing back and forth constantly and nobody would ever know what was the present version of the law. Making a lot of noise may work wonders on a city council, fiscal court, or even the General Assembly but not the Supreme Court, I hope.

Half agree- they SHOULD NOT make decisions based on public opinion - in a perfect just world.... however they ARE elected (or appointed in some cases) in specified durations.

Elections have consequences. Rulings do to.  

I was out of town when this occurred. What became of it?

I see nothing yet.

Would it be found here?
https://kycourts.gov/courts/supreme/Pages/SupremeCourtMinutes.aspx

Waiting on court to rule.

Joy. Somebody wake me when they "decide" something, please...

OK, patiently waiting I suppose.

I made a screenshot of 39A and would invite anyone to read it and tell me it permits a statewide emergency for an unlimited amount of time.

I'd also like to see where it mandates the governor to tell people what to wear and how to wear and when to wear masks, etc.

Attached File


https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=21704

That is exactly what the case before the Supreme Court is asking. What are the limits of this statute? There are no limits written into it, except about firearms. Our Governor says that since there are no "limits" written into the statute, his authority is un"limited". We shall see what the Supreme Court says about that.

I, for one, am hoping that he gets smacked the hell down. He sure as hell NEEDS to be reminded that he is NOT the absolute in this state.

I wouldn't hold your breath on that.  If they rule it will be so late that it really doesn't matter. Previously they heard the pension bill lawsuit in Sept and ruled in mid-December.  Given how the unconstitutional restrictions are already in place the Supreme Court should be fast tracking that decision but instead they delayed the hearing and then we get crickets.  I bet it comes sometime mid-December again and then they do what Michigan did and state it doesn't take effect for 30 days which is when the legislature will be meeting again.  Beshear then lets the orders expire and there is nothing in place for the legislature to take action against.