Kentucky Gov. Andy Beshear cancelled his Aug. 10 executive order calling for a mask mandate in K-12 schools across the state.
The cancellation of the mask mandate follows the Kentucky Supreme Court’s decision to limit the governor’s emergency powers, giving state legislators equal authority when enacting emergency decisions. Legislators have expressed concern over Gov. Beshear’s aggressive handling of pandemic efforts.
“Let us be clear that today’s ruling in no way diminishes the seriousness of this virus or its impact on our commonwealth,” read a joint statement from House Speaker David Osborne and Senate President Robert Stivers, released following the court’s decision. “The General Assembly has made it clear on numerous occasions that its disagreements with Governor Beshear were founded in process.”
The decision was challenged by Beshear, who argued that the legislation undermined his ability to respond to the pandemic. This led to Beshear suing both the legislature and Attorney General Daniel Cameron, with the court ultimately ruling in favor of the legislature.
“Considering that the challenged legislation was lawfully passed,” said Justice Laurence VanMeter, “the governor’s complaint does not present a substantial legal question that would necessitate staying the effectiveness of the legislation.”
The decision does not entirely remove Beshear from the conversation of emergency response. Beshear will still be able to propose emergency response efforts, but those proposals will now be subjected to a collaborative process with legislators for any emergencies that last longer than 30 days.
Even with the school mask mandate being rescinded, Beshear is in talks to implement another statewide mask mandate. “I’ve been willing to make that tough call in the past,” Beshear said in his Team Kentucky update released Aug. 26. “That’ll be something along with other issues that now the state legislature will have to confront.”