The COVID Project
The record
- Jurisdiction
- Kansas
- Level
- Court
- Authority
- Kelly v. Legislative Coordinating Council, No. 122,765, slip op. at 2, 4 (Kan. Apr. 11, 2020) (per curiam) (reported at 460 P.3d 832)
- Issued
- 2020-04-11 Apr. 11, 2020
- Effective
- 2020-04-11
- End
- n/a (decision) (read as 2021-09-30)
- In force
- Apr. 11, 2020 to Sept. 30, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Gathering capEvents and venuesStanding dutyOther
- Addressees
- persons generally (every person subject to the Governor's orders); the Legislature and its Coordinating Council
- Character
- adjudication
- Collection
- Standing duties: Kansas DUT-KS
Operative words
Once the proclamation is declared under K.S.A. 48-924, the Governor obtains powers set out in K.S.A. 2019 Supp. 48-925. That statute provides:... "(b)... the governor may issue orders and proclamations which shall have the force and effect of law during the period of a state of disaster emergency declared under subsection (b) of K.S.A. 48-924"
Penalty
n/a (the orders it kept in force were enforced under K.S.A. 48-939, DUT-KS-011)
What it required
The Supreme Court, in an expedited original action decided the day before Easter, held that the Legislative Coordinating Council 'acted within its lawful authority' in purporting to revoke Executive Order 20-18 (the ten-person limit on religious gatherings): 'We hold that it did not'; EO 20-18 therefore remained in force, and the Court's opinion sets out verbatim the 2019 text of 48-925(a)-(c) under which every 2020 executive order had 'the force and effect of law.' Character as recorded: adjudication (emergency powers construed).
Retrieval noteSlip opinion from the Kansas Judicial Branch site (kscourts.gov; the older kscourts.org path returns 404). The Court decided the case on the plain text of HCR 5025 and did not reach the validity of EO 20-18 (slip op. at 2-3). cite the slip opinion.