Beshear says Supreme Court ruling limits his ability as to help Kentuckians as COVID hospitalizations reach record high

LOUISVILLE, Ky. — The Kentucky Supreme Court has sided with lawmakers on Gov. Andy Beshear's emergency powers.

Saturday, the court issued an opinion saying new laws limiting the governor's emergency powers should take effect.

According to court records, the governor argued he has an inherent right to enact executive orders during emergencies by doing things like implementing a statewide mask mandate, but the court disagreed.

"The governor has no implied or inherent emergency powers beyond that given him by the legislature, who, as elected officials, serve at the behest of the commonwealth," the Supreme Court opinion says.

Beshear said this ruling limited his ability to protect Kentuckians and hopes the legislature will step in and take action.

"I certainly hope they will again make the very best and sometimes courageous decisions that are necessary,” Beshear said during a COVID press conference Monday. “I'm going to try to provide the data and the information to try to help people make those decisions."

The legislature passed a law earlier this year, after overriding a veto, that limits the governor's executive orders in times of emergency to 30 days unless the General Assembly steps in and extends it.

"One of the things that decision does is make clear that the governor's unilateral powers are relatively limited," said Russell Weaver, University of Louisville law professor.

A joint statement issued by the Republican House Speaker and Senate President says they stand ready to work with the governor on this issue.

"This ruling in no way diminishes the seriousness of this virus or its impact on our Commonwealth, and the General Assembly will continue to work to maintain both the safety and rights of all Kentuckians," the statement says.

Beshear said he feels he will have to call the General Assembly back for a special session to extend several parts of the current state of emergency declaration. He said he's been in contact with the legislative leaders to start the process of reaching a compromise on several issues. 

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