FRANKFORT, Ky. — The case before Kentucky’s Supreme Court justices Thursday was not about whether wearing masks to prevent COVID-19 was a good idea, but whether Gov. Andy Beshear had the power to require masks and make other orders.
But before the high court justices took their seats, the court of public opinion was getting loud testimony on the Capitol's rear steps. A crowd rallied against Beshear's actions with signs accusing him of violating the constitution and tyranny.
"I came to help set Kentucky free from the oppression of the tyranny of our governor," said Pamela Patterson, who had driven to Frankfort from Madisonville.
Beshear, however, said is not abusing his power as governor.
"There's this argument that I have unfettered power," Beshear said after the hearing. "I can hardly leave my house right now."
Inside, the Kentucky Supreme Court heard from Beshear’s chief of staff and general counsel. La Tasha Bucker argued that the governor's call to mandate masks and regulate businesses, including day cares and others, was well within his power and needed to save lives.
Attorney General Daniel Cameron's Solicitor General Chad Meredith said that the fight was not about safety measures, it was about the way Beshear went it alone without General Assembly’s approval of new regulations. Meredith said the stack of the governor's orders was overreaching and in violation of the state constitution.
"To take away all of the abilities that we have to fight against a virus that comes for our people in the midst of a pandemic is reckless and irresponsible," Beshear said.
The governor was asked about comments he made that if the justices rule against him, that "Kentucky loses" and people will die. He stood by that answer.
"I understand his opposition, and view, but even during the midst of a pandemic the constitution is not suspended," Cameron said. "That is what we've tried to articulate since day one. I hope he recognizes that we've done this in good faith and that he will stop the disparaging remarks during his 4 p.m. Team Kentucky press conferences.”
It could take months for a ruling. Many wonder whether it will come before the pandemic has slowed. If so, part of these arguments would be a moot point. But it is expected the points made will reverberate through the Capitol when the General Assembly returns in January. There is already talk that the GOP supermajorities will look to rein in executive powers.
►Make it easy to keep up-to-date with more stories like this. Download the WHAS11 News app now. For Apple or Android users.
Have a news tip? Email assign@whas11.com, visit our Facebook page or Twitter feed.