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Ex. KY-032 Order Primary source read

Beshear v. Acree, No. 2020-SC-0313-OA (Ky. Nov. 12, 2020), reported at 615 S.W.3d 780

Opinion upholding the Governor's COVID-19 emergency declaration and orders under KRS ch. 39A

Supreme Court of Kentucky (Minton, C.J.) · Kentucky (Court)

The COVID Project

The record

Jurisdiction
Kentucky
Level
Court
Authority
Ky. Const. secs. 110, 115; original action
Issued
2020-11-12 Nov. 12, 2020
Effective
2020-11-12 (stay of all injunctions in force since July 17, 2020) (read as 2020-11-12)
End
n/a (read as 2021-09-30)
In force
Nov. 12, 2020 to Sept. 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Other
Addressees
  • Boone and Scott Circuit Courts
  • Northern Kentucky business plaintiffs
  • Attorney General
Functions reached
  • all functions (validity of the regime)
Collection
Kentucky KY

Operative words

On July 17, 2020 and pursuant to Section 110 of the Kentucky Constitution, this Court entered an order staying all orders of injunctive relief... In sum, the Governor properly declared a state of emergency pursuant to KRS 39A.100 because the COVID-19 pandemic constitutes the 'occurrence' of a biological and etiological hazard as delineated in KRS 39A.010.... Ultimately, we conclude that the Governor is largely exercising emergency executive power but to the extent legislative authority is involved it has been validly delegated by the General Assembly consistent with decades of Kentucky precedent, which we will not overturn.

Enforcement

Judgment of the Commonwealth's highest court; every challenged order (mask mandate, capacity limits, closures) remained enforceable

Notes

Pins: stay order at 785-86 of the slip (p. 785 line 'On July 17, 2020'); 'In sum' holding at slip p. 39; conclusion at slip p. 41; Cameron v. Beshear cites 615 S.W.3d at 802, 812-13

Retrieval note

Slip-opinion page numbers from the PDF; S.W.3d pagination from Cameron v. Beshear's citation.