Gov. Andy Beshear files lawsuit to curb Republican-led efforts to block his authority

FRANKFORT — Gov. Andy Beshear filed a lawsuit Tuesday in an attempt to block three pieces of legislation that affect his gubernatorial powers, less than an hour after the Republican-run Kentucky legislature overrode his vetoes of those bills. 

Beshear is challenging:

• House Bill 1, which lets businesses, schools, nonprofits and churches stay open if they meet the COVID-19 guidelines set by either the U.S. Centers for Disease Control and Prevention or Kentucky's executive branch (whichever is least restrictive)
• Senate Bill 1, which limits the governor's ability to issue executive orders during a state of emergency to 30 days unless the legislature extends it and also strips the governor and secretary of state of their ability to change election procedures during an emergency
• Senate Bill 2, which gives legislative committees more oversight and control over the governor's emergency administrative regulations 

“Today, the General Assembly attempted to surrender to COVID-19 and accept the casualties," Beshear stated in a press release announcing the litigation. "As your Governor, I cannot let this happen. I have filed this action to continue to fight for the protection of all Kentuckians.”

House Speaker David Osborne, R-Prospect, said he wishes this wasn't going to be litigated, but said Beshear "has shown no willingness to work with us and have these discussions so far, so we fully expected him to litigate this to keep his unilateral power intact."

"You know, it's unfortunate, but it's not unexpected," he told a handful of reporters Tuesday evening after Beshear announced his decision to go to court. 

In his lawsuit, Beshear claims HB 1, SB 1 and SB 2 all violate the Kentucky Constitution. 

He highlights the state Supreme Court's ruling last year that upheld his authority to issue executive orders during an emergency — a decision that explicitly said his orders were necessary to slow the coronavirus' spread and protect Kentuckians.

His lawsuit also claims this trio of laws could have dangerous effects in Kentucky, which is still in the midst of a pandemic.

"HB 1 can and would create the super-spreader events the commonwealth has fought to avoid," the lawsuit says.

"Moreover, through SB 1 and SB 2, the General Assembly and local governments could modify or terminate executive orders issued by the Governor to address an emergency," the suit continues. "Not only does this violate the Constitution, it would also prevent the intent and purpose of comprehensive statewide action necessary to defeat COVID-19 or similar threats that impact the entire the state."

All three laws have emergency clauses that let them immediately go into effect. However, Beshear is asking for the court to grant temporary injunctions that would block them until his legal challenge is settled.

GOP lawmakers have long argued Beshear overreached with his use of emergency powers to restrict public gatherings, schools and certain businesses during the pandemic. HB 1, SB 1 and SB 2 are integral to their effort to fulfill their pledge to rein him in. 

Those three measures were among several pieces of legislation for which Republican lawmakers overrode Beshear's vetoes Tuesday.

That evening, Osborne stressed the bills do not have any immediate impact on the efficacy of the governor's coronavirus-related executive orders.

However, he did say it's possible the legislature could take action to repeal some of Beshear's orders during the current session, which lasts through March 30.

He also defended the legislation's value. 

"These were well-developed, well-thought-out pieces of legislation — often mischaracterized by many as to what they do, what they will ultimately do — but I do think it's important to go ahead and establish them as law," he said. 

Reach reporter Morgan Watkins: 502-582-4502; mwatkins@courierjournal.com; Twitter: @morganwatkins26.