Kentucky Justices Weigh Laws Limiting Governor’s Covid Powers (1)

In a pair of back-to-back Kentucky Supreme Court oral arguments Thursday, Gov. Andy Beshear fought to retain authority to issue unilateral statewide public health orders even as his office prepared to lift Covid-19 pandemic restrictions Friday.

The pair of suits—one brought by Beshear (D) against the Kentucky Legislature and attorney general, and the other brought by some restaurants and bars against Beshear—question whether a legislature can revoke powers previously given to a governor to rule in times of emergency, and whether Kentucky’s chief executive is imbued with inherent emergency response authority by the state Constitution.

A related argument has been ...