The dispute between Democratic Gov. Andy Beshear and the Republican-controlled General Assembly over legislators’ efforts to limit his emergency powers during the pandemic is headed to court.
Leaders of the legislature told Beshear Monday that they would hold votes to override his vetoes of bills they passed to limit his powers before discussing “what modifications might improve the legislation.”
Legislators, who have voiced displeasure with Beshear’s emergency orders and his attitude toward them, are all but certain to override his three vetoes, and he made clear what he would do after that.
“If their comment is ‘We are going to override your vetoes no matter what and maybe we can talk later,’ I guess mine is ‘We are going to see you in court’,” Beshear said after revealing their plans at a regular briefing, at which he warned that there could be another surge in cases of the novel coronavirus.
“I cannot and will not let the health and lives of the people of Kentucky be put in this danger when we are so close to getting out of it,” he said. “This would mean Kentucky would have the least ability of any state in the United States to respond to this crisis and save lives.”
But not if a judge issued an order blocking the legislation, which has its own emergency clauses to make it effective immediately. However, the case would differ from the one Beshear won at the state Supreme Court, which said he was acting lawfully; the legislature writes the laws, and can change them.
The day’s events dashed hope of a negotiated settlement.
After the legislature quickly passed the bills Jan. 5-9, Senate President Robert Stivers indicated that it might be willing to negotiate with Beshear before bringing the bills up for override votes. Beshear responded with a two-page letter Jan. 20 to Stivers and House Speaker David Osborne to see if they would be willing to compromise.“We put an offer on the table,” Beshear said Monday. “We followed up numerous times about whether it had been seen and whether we were going to meet, and then the day before the session is about to start we got a letter saying we don’t have time, we are going to override your vetoes and maybe we can talk after.”
The letter, which Beshear’s office gave the Lexington Herald-Leader in response to an open-records request, said “We will be happy to sit down with you as soon as schedules allow and talk about what modifications might improve the legislation and its application to the ongoing pandemic.” The leaders did not respond to a request for comment, Jack Brammer reports.
Also Monday, Beshear extended for another 30 days his mandate to wear face coverings in indoor public spaces, and said it will be necessary to wear them until Kentucky reaches herd immunity, which would be reached when 70% of the state’s population has been vaccinated.
Beshear noted that if the General Assembly prevails in their dispute, such measures could become voluntary. One bill would limit emergency orders to 30 days unless approved by the legislature.
