Federal judge rules Gov. Andy Beshear violated law with executive mask mandate

[Bayard]

Source: Lexington 18 News

(LEX 18) — A federal judge issued a temporary restraining order against Governor Andy Beshear's executive order mask mandate for schools on Thursday. However, the governor's office says the ruling only applies to schools within the Catholic Diocese of Covington.

In Jason Oswald, et al. v. Beshear, the plaintiffs challenged the legality of the Executive order issued by Beshear on August 10 requiring all teachers, staff, students, and visitors in Kentucky schools to wear face masks indoors regardless of vaccination status. In judge William Bertelsman's analysis, he states the Governor violates KRS39A.090 (3), which is the product of House Bill 1, Senate Bill 1, Senate Bill 2, and House Joint Resolution 77, all passed by the Kentucky General Assembly in its 2021 session.

"The Executive Branch cannot simply ignore laws passed by the duly-elected representatives of the citizens of the Commonwealth of Kentucky. Therein lies tyranny. If the citizens dislike the laws passed, the remedy lies with them, at the polls."

Crystal Staley, the Director of Communications in Governor Beshear's Office released the following statement:
"The federal court’s ruling could place thousands of Kentucky children at risk and undoubtedly expose them to the most dangerous version of COVID-19 we have ever seen.


Read more: https://www.lex18.com/news/coronavirus/federal-judge-rules-gov-andy-beshear-violated-law-with-executive-mask-mandate

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Gov. Beshear's action in the first Covid go round kept us from getting hit SO much worse. Rethuglicans took away those powers, and are trying to kill us all this time.

[mahatmakanejeeves]

1. "However, the governor's office says the ruling only applies to schools within the Catholic Diocese.

Me confused.

[BlueIdaho]

2. Well, of course the plaintiff is going to argue the narrowest interpretation possible

I’m guessing the judges ruling is more expansive.

[Initech]

3. Sounds like a Trumpster wrote that statement.

[Jose Garcia]

4. Judge Bertelsman was appointed by Jimmy Carter

[Bernardo de La Paz]

9. b. 1936, is 84 years old. Based on his statement, he seems past due for retirement. . . . nt

[bucolic_frolic]

5. This public health safety, mask mandate is headed for SCOTUS

How are they gonna be Right-to-Lifers on abortion, but Freedom-to-Infect on COVID? Because you know it's going to happen.

[Bernardo de La Paz]

10. Democrats, Liberals and progressives have trued that equation:

Women have a right to choose what to do with their own bodies. Their bodies, their choice.

Anti-maskers & anti-vaxxers do not have a right to medically endanger children and others who CAN'T BE VACCINATED.

Other people's bodies, not their choice!

[FakeNoose]

14. What happens when Roe V. Wade gets smacked down by SCOTUS?

You know it's heading to that ... because Repukes.

[Achilles Skye]

18. In states with right-wing governments...

women in their childbearing years are going to feel the full brunt of conservativism done unto them.

[Bernardo de La Paz]

6. Covington Catholic High School is where the smug confrontational students at Wash Memorial came from

[stillcool]

20. first thing I thought of...

he got a pretty penny from suing CNN, and whoever else. I think Mitch McConnell offered him some kind of job

[ananda]

7. How does a mask mandate violate a law?

???

[onenote]

17. Here's how:

The law in question, enacted by the state legislature over the governor’s veto, effectively limits the governor’s delegated authority to impose a mask or vaccination mandate without the prior approval of the legislature.

[ananda]

19. Some laws are better honored in the breach than the observance.

Hamlet

[onenote]

21. Hamlet:

…to my mind, though I am native here
And to the manner born, it is a custom
More honour’d in the breach than the observance.

[llashram]

8. "most dangerous version of Covid-19"

so far...

[calimary]

11. Willful ignorance will be a bigger killer than COVID.

[jaxexpat]

13. Willful ignorance has always been the biggest single killer.

It and it's twin, non-willful ignorance, have pretty well cornered the market on killing, for around 5000 yrs.

[in2herbs]

12. I don't have a cite to the case law but the courts during either smallpox or polio ruled that

it was legal and even constitutional for courts to rule that masks were required for public health reasons. So why am I not seeing any judges basing masking decisions on this case law????

[onenote]

15. Not exactly

The case to which you refer, Jacobson v Massachusetts, upheld the constitutionality of a state law requiring vaccinations, not the authority of a court or executive to unilaterally impose a vaccination requirement. The reason the Kentucky Executive Order was enjoined is that the state legislature enacted, over the governor’s veto, legislation expressly limiting the governor’s delegated authority to mandate vaccinations.

The problem isn’t with the judge’s ruling it is with the state legislature’s enactment of an anti-vax law.

[in2herbs]

16. TY for clarification. nt