FRANKFORT, Ky. (WDRB) -- The state Supreme Court is deciding whether Kentuckians can be required to wear masks, social distance and follow other mandates related to the COVID-19 pandemic.
Attorney General Daniel Cameron is spearheading a challenge to Gov. Andy Beshear’s executive orders.
Beshear’s Chief of Staff and General Counsel, La Tasha Buckner, argued before the justices that the governor is trying to save lives.
“What the appellees are asking this court to do is unprecedented and deadly,” she said.
Buckner said both the constitution and state law give the governor broad power in an emergency
“And our government would be prevented from doing one of our core functions, which is to help protect the public in emergencies,” Buckner said.
Solicitor General Chad Meredith countered that Beshear has overstepped his authority by issuing more than 800 pages of executive orders and regulations.
Merideth told the justices that good intentions do not trump the constitution.
“He thinks he can exercise unfettered, unilateral control over citizens’ lives and livelihoods through executive orders,” Meredith said. “And he thinks he can do so for as long as he wants.”
Speaking to reporters later, Beshear literally laughed off that charge.
“I can hardly leave my house right now,” he said.
Beshear called the lawsuit “reckless and irresponsible.”
“I believe that this decision in the midst of this pandemic is one of life and of death,” Beshear said.
Cameron said he understands the governor is trying to protect public health.
“But equally important is that we respect the constitutional rights of our citizens,” Cameron said. “I think the governor in his decision-making process sometimes forgets that.”
But even when the legal fight is over, the political battle will no doubt continue. As the justices heard the case inside the Capitol, hundreds who oppose Beshear’s mandates rallied outside.
“We felt it was a good day to come out and let them know that the constitution stands regardless of the situation,” said Tony Wheatley of the group Constitutional Kentucky.
On the same day the state Supreme Court hears the challenge to @GovAndyBeshear’s #Covid_19 orders, a group called Constitutional KY is holding an anti-mandate rally outside the Capitol. pic.twitter.com/atIpz49N5s
— Lawrence Smith (@LASmithReports) September 17, 2020
Organizer Tony Wheatley says the group wanted to make sure the justices heard that the pandemic does not mean the constitution has been suspended pic.twitter.com/wxWAGtBbkp
— Lawrence Smith (@LASmithReports) September 17, 2020
There is no clue as to when the court will issue a ruling, but Buckner said she believes the justices have the case on a fast track.
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