Reining in Emergency Powers

Government overuse—and abuse—of COVID-related emergency powers has gone on in too many states for far too long. 

In Kentucky, Gov. Andy Beshear has unilaterally enacted arbitrary pandemic-driven rules and regulations for more than a year. And he has not let up. Not after the Kentucky General Assembly’s overwhelming vote on bills to limit his emergency powers, and not after the lawmakers overrode his veto, enshrining into state law a restored balance of government power.

Gov. Beshear’s orders have expired under the new laws, but his demand for compliance has not. As he continues to ignore the constitutional separation of powers, local businessowners continue to pay the price—a never-ending struggle to keep up with ever-changing restrictions. With their livelihoods on the line, several local breweries and restaurants are fighting back against the governor’s enforcement of expired COVID-related orders.

The Bluegrass State’s tug-of-war between the governor and legislature is a glaring example of what happens when the lines of constitutional powers become blurred.

On May 20, join Pacific Legal Foundation and the Pegasus Institute to learn how the battle lines being drawn by both legislators and litigators in Kentucky show great promise in bringing proper balance back to the three branches of government.