After veto overrides, Beshear sues Kentucky Republican leaders to maintain emergency powers

LOUISVILLE, Ky. (WDRB) -- After the Kentucky General Assembly voted Tuesday to override Gov. Andy Beshear's vetoes of several bills that would restrict his emergency powers amid the COVID-19 pandemic, the governor sued lawmakers in an attempt to keep those powers intact.

Beshear's suit, filed in Franklin Circuit Court, seeks to have three of the six bills he vetoed, Senate Bill 1, House Bill 1 and Senate Bill 2, declared unconstitutional. It cites a unanimous November ruling from the Kentucky Supreme Court that deemed his executive orders were legal and "necessary" during a pandemic that has now claimed the lives of more than 3,800 Kentuckians.

In a news release, the Democratic governor called legislators' vote to override his vetoes an attempt "to surrender to COVID-19 and accept the casualties."

"As your Governor, I cannot let this happen," Beshear said in the news release. "I have filed this action to continue to fight for the protection of all Kentuckians."

All of the vetoed bills were passed Tuesday by both the House and the Senate, meaning they will become law once certified by the Office of the Secretary of State.

Senate Bill 1 would limit a governor's emergency orders to 30 days unless extended by the legislature. The bill would apply to orders closing or restricting schools, businesses and nonprofits, as well as religious, political and social gatherings. It would also place the time limit on orders imposing mandatory quarantine or isolation requirements as well as remove the authority of the governor or secretary of state to change election procedures without approval from the legislature. Because of the pandemic, Beshear and Republican Secretary of State Michael Adams agreed to an order expanding early and mail-in voting during both the 2020 primary and the general election. Senators voted 29-8 on Tuesday to override Beshear's veto of SB1.

Senate Bill 2 would limit a governor's power to impose new regulations without a public hearing. It would give the General Assembly power to make changes to executive orders. Legislators voted 31-6 to override the governor's veto.

House Bill 1 allows schools and businesses to remain open during the pandemic if they follow guidelines from either the governor or the Centers for Disease Control and Prevention. Members of the House of Representatives voted 72-22 to override the governor's veto of the bill.

Republican leaders from both the House and the Senate said the bills are a consequence of the governor issuing mandates without consulting and communicating with lawmakers.

"We've been completely shut out of the conversation as the policy-making branch of the government," House Majority Floor Leader Steven Rudy said Monday.

On Tuesday, GOP leaders said their actions aren't an attack on the governor but rather a move to ensure oversight and accountability.

"Legislators in red states and blue states have offered opposition to out-of-control governors, Republican and Democrat, who they feel are just trampling on their state's constitution," said Senate Majority Leader Damon Thayer, R-Georgetown.

"... The governor has threatened to see us in court, and we all know he loves to litigate," Thayer told WDRB News. "We'll take it from there."

Democrats, meanwhile, urged fellow lawmakers to reconsider before overriding the vetoes.

"It’s just a real dangerous precedent — when you don’t agree with something the executive does — to then you take his powers away from him," said House Minority Leader Joni Jenkins, D-Shively.

"I would urge all of us to consider our place in history, come down on the right side of history, and do not vote to override this well-placed veto," added state Rep. Angie Hatton, D-Whitesburg.

After vetoing the bills, Beshear sent a letter to House and Senate leaders offering to negotiate a compromise. Legislative leaders said they were willing to talk but only after they override vetoes.

"We found it ironic that after nine months of basically ignoring the people's branch of government, that all of the sudden, on the verge of his vetoes being overridden, all of the sudden he wanted to talk," Thayer said Monday.

In response, Beshear offered a warning that the fight wasn't over.

"If their comment is 'We’re going to override your vetoes no matter what and maybe we can talk later,' I guess mine is: 'We’ll see you in court,'" he said. "I cannot and will not let the health and the lives of the people of Kentucky be put in this danger when we are so close to getting out of this."

Democratic leaders Tuesday echoed Behsear's comments about taking the matters to court if overridden.

"These bills were rushed through with little input from the minority," Jenkins said. "I felt like things could’ve been talked through, and we could’ve come to some sort of compromise or agreement. But now we’re going to be spending lots of money in court."

Speaking with WDRB News on Tuesday, House Speaker David Osborne said he is willing to discuss possible changes to the bills with Beshear after the vetoes were overridden.

"Absolutely, there's room for negotiation," said Osborne, R-Prospect. "... I do believe that the best way to get the negotiation in earnest, ongoing, would be to go ahead and override them, know that we have these in place and then sit down and let's have those conversations."

Read Beshear's lawsuit in full below:

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Beshear sues Kentucky Republican leaders to maintain emergency powers

Among the other vetoed bills legislators voted to override:

House Bill 2 gives Attorney General Daniel Cameron the power to regulate abortion clinics in the state.
House Bill 3, known as the "Franklin Circuit Bill," would allow constitutional cases to be heard in the county where they are filed instead of solely in Franklin Circuit Court.
House Bill 5 limits the governor's power in reorganizing state boards. House members voted 71-23 to override Beshear's veto.

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