LOUISVILLE, Ky. (WDRB) -- As the coronavirus continues to rage, so does the debate over Kentucky Gov. Andy Beshear's efforts to control it.
An attorney who is challenging the governor's COVID-19 rules in the Kentucky Supreme Court, and another who is defending them, faced off Wednesday at a virtual meeting of the Louisville Forum.
Chris Wiest, who filed a lawsuit on behalf of several northern Kentucky businesses, said executive orders such as the mask mandate, limits on the number of customers in restaurants and bars, capping attendance at sporting events, and banning in-person church services went too far.
He said Beshear usurped the power of the legislature by, in effect, creating new laws.
"Let's be clear, if you violate one of the governor's COVID orders, it's a crime. It's a Class A misdemeanor," said Wiest. "So as he's issuing these orders, he is making law."
But University of Louisville law professor Sam Marcosson argued that the governor was acting well within the state law that gives him broad power in emergencies.
"The notion that that somehow violates the separation of powers is, to put it bluntly, a radical assault on more than 60 years of decision from both U.S. Supreme Court and the Kentucky Supreme Court," Marcosson said.
But Wiest said part of the problem is the governor's uneven application of his orders.
"For instance, they were allowing people to gather and congregate at bus stations or airports, but not sit in church pews," he said.
Marcosson countered that the orders were not unfair and, in fact, worked.
"It helps to undermine the argument that the governor's actions are arbitrary if they are having the desired effect, or at least having some of the desired effect," he said.
But regardless of how the state Supreme Court rules, there will be an effort in the 2021 General Assembly to reign in a governor's executive power.
Sen. Whitney Westerfield, the chair of the Senate Judiciary Committee, told WDRB News the restrictions could include putting a time limit on a governor's emergency orders, and requiring oversight by the legislature.
"I think it's important for the governor to have power. I think there ought to just be some checks and balances on it," said Westerfield.
Westerfield said there could also be a proposal requiring the courts to fast-track any cases that challenge a governor's emergency power.
Lawmakers might also consider a constitutional amendment allowing the legislature to call itself into special session. Right now, only the governor has that power.
During the forum, Wiest and Marcosson agreed that the legislature does have full authority to curb a governor's power, especially since the Republican super-majorities in both chambers could override a veto.
"There will be changes made," said Marcosson. "My hope is that they will be made by the governor working together with the General Assembly to come up with revisions that both sides can support."
Wiest believes a Supreme Court ruling could come in mid-December.
Lawmakers return to Frankfort in January.
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