628 S.W.3d 61
Ky.2021Background
- In March 2020 Governor Beshear declared a COVID-19 state of emergency under KRS Chapter 39A and issued executive orders and emergency regs.
- In Feb–Mar 2021 the General Assembly overrode the Governor’s vetoes and enacted H.B. 1, S.B. 1, S.B. 2 and later H.J.R. 77, which (inter alia) limit the duration of executive emergency actions, require collaboration or approval for certain actions, and place the Attorney General in an approval role for suspensions of statutes.
- The Governor and CHFS Secretary sued the legislative leaders and the Attorney General in Franklin Circuit Court seeking declaratory and injunctive relief, arguing the 2021 legislation unconstitutionally infringed executive powers.
- The Franklin Circuit Court granted a temporary injunction blocking enforcement of the challenged provisions (and later H.J.R. 77); the Attorney General sought interlocutory relief challenging jurisdiction/standing and the injunction.
- The Kentucky Supreme Court held the dispute is justiciable but concluded the trial court abused its discretion in issuing the blanket temporary injunction; the Court reversed in part, remanding with instructions to dissolve the injunction.
Issues
| Issue | Plaintiff's Argument (Beshear) | Defendant's Argument (Cameron / AG) | Held |
|---|---|---|---|
| Justiciability / standing | Legislature’s laws interfere with Governor’s constitutional emergency powers; declaratory relief needed now | No concrete injury; suit seeks advisory opinion and improperly targets legislative acts; AG not the source of injury | Court: case is justiciable; Governor may seek declaratory relief before actual veto by AG (standing met) |
| Temporary injunction standard (irreparable harm; equities) | Enforcement of laws will cause immediate irreparable public‑health harm and constitutional injury to executive power | No irreparable injury; statutes do not bar emergency response; injunction against AG would not redress alleged injuries | Court: Governor failed to show irreparable injury and equities favor enforcing duly enacted statutes; injunction was an abuse of discretion and must dissolve |
| Suspension power / AG approval (KY Const. §15) | SB1 unlawfully vests AG with veto over Governor’s suspension authority, infringing Section 69 executive power | §15 gives suspension power to the General Assembly or its authority; legislature may validly delegate suspension authority (including to AG) | Court: suspension power belongs to legislature and it may lawfully assign that authority; SB1’s AG‑approval mechanism is within legislative power |
| Separation of powers / legislative review of regs (LRC/Brown) | 2021 bills micromanage the executive, violating separation of powers and Brown precedent | Statutory review under KRS Chapter 13A and amendments preserve executive final authority over regulations; not a Brown‑style legislative veto | Court: No violation of Brown; executive retains final authority over deficient regs; legislation does not impermissibly usurp executive power |
| 30‑day limitation / special sessions (power to call sessions §80) | Thirty‑day limits effectively force repeated special sessions, infringing Governor’s discretion to call sessions | Legislature may set statutory terms for continued emergency action; claim speculative and not yet squarely presented | Court: flagged as a serious constitutional question but did not decide it on this record; remanded for further consideration |
Key Cases Cited
- Beshear v. Acree, 615 S.W.3d 780 (Ky. 2020) (upholding COVID‑era executive orders under KRS Chapter 39A while recognizing legislature may limit statutory emergency powers)
- Brown v. Barkley, 628 S.W.2d 616 (Ky. 1982) (executive powers are largely statutory; implied executive powers are subordinate to legislature)
- Fletcher v. Commonwealth ex rel. Stumbo, 163 S.W.3d 852 (Ky. 2005) (rejecting claimed implied emergency authority beyond statutes)
- Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (U.S. 1952) (limits on executive emergency power; emergency does not create power)
- Maupin v. Stansbury, 575 S.W.2d 695 (Ky. App. 1978) (factors and standard for temporary injunctions)
- Commonwealth Cabinet for Health & Family Servs. v. Sexton ex rel. Appalachian Reg'l Healthcare, Inc., 566 S.W.3d 185 (Ky. 2018) (constitutional standing: injury, causation, redressability)
- Board of Education v. Bushee, 889 S.W.2d 809 (Ky. 1994) (declaratory relief proper where present rights/duties are in conflict even before concrete act occurs)