Republicans react to Kentucky Supreme Court decision that limits Beshear’s power

Kentucky Republicans reveled Saturday in a decision by the state Supreme Court to uphold laws limiting Gov. Andy Beshear’s authority to enforce emergency orders in response to the coronavirus pandemic.

Senate Majority Leader Damon Thayer, R-Georgetown, tweeted that the ruling is a “victory for co-equal branches of government, balance of power & the people’s branch of government. There are no implied or inherent powers given to the executive branch. Enumerated powers are in the Constitution, all other powers are granted by the General Assembly.”

Kentucky state auditor Mike Harmon, a Republican who has announced plans to run for governor in 2023, said the ruling “reaffirms the clear checks and balances that exist between the executive and legislative branches and how essential those are to prevent overreach by one side or the other.”

“The General Assembly serves as a voice for those Kentuckians who elect its members, and it is the proper place to create laws and oversight,” Harmon said. “All this could have been avoided if the governor would have simply communicated and worked with the members of the General Assembly in determining the best courses of action at the start of the pandemic. But instead, the governor chose to take a path that did not include everyone at the table. Instead, guided by his own opinions, he chose to pick winners and losers arbitrarily. Future governors should adhere to the opinions of the court and be an equal partner with the legislative branch. In my opinion, that is truly the team approach Kentuckians need from their public servants.”

Kentucky Agriculture Commissioner Ryan Quarles also weighed in on the decision, saying the Supreme Court ruling affirms that “the General Assembly sets the public policy of the commonwealth. Our constitutional order does not take a break during a pandemic. With this ruling, Governor Andrew Beshear should turn away from his lawless ways and his open disrespect for the People’s branch, and do what he should have done from the beginning: actually bring people together and lead. Soon, Kentucky’s courts will have another opportunity to vindicate the right of the General Assembly to set public policy in a similar case: the governor’s lawsuit against the Kentucky State Fair Board and me. The governor is not a legislator or a king: even he is bound by our constitution and laws.”

The Republican Party of Kentucky proclaimed the ruling “a victory for the separation of powers and the rule of law as enshrined in our Constitution. “

“I am proud of our Republican lawmakers and constitutional officers for fighting against Gov. Beshear’s executive overreach every step of the way, and we are happy to see these efforts yield results for the people of Kentucky,” Chairman Mac Brown said in a statement. “Moving forward, I would suggest Gov. Beshear realize it is time for him to start working across the aisle with legislative leaders and constitutional officers to put Kentuckians ahead of narrow and partisan political priorities.”

However, the Kentucky Education Association issued a statement saying the decision was “unfortunate.”

“It is unfortunate that the Kentucky Supreme Court had no choice but to uphold hyper-partisan actions of the 2021 General Assembly,” the statement said. “Today, the coronavirus delta variant is raging across the commonwealth, active COVID cases are at record levels, available ICU beds have reached near capacity, and in-person learning has been canceled in some school districts. Politicizing public health policy is obviously dangerous. Emergency action by Gov. Beshear to mandate masking in our schools may have very well have averted a far worse health disaster for our students and their families.”