Kentucky Supreme Court Upholds Governor’s Emergency Executive Order Authority

On November 12, 2020, the Kentucky Supreme Court issued a unanimous ruling that the executive orders issued by Governor Andy Beshear under the COVID-19 state of emergency are lawful under Kentucky’s constitution. Justice Lisabeth T. Hughes said that the orders “were, and continue to be, necessary to slow the spread of COVID-19 and protect the health and safety of all Kentucky citizens.” Consequently, all of the Governor’s current mandates will stay in place, including the executive orders requiring face coverings, capacity limits on businesses including restaurants and bars, and healthcare providers’ and pharmacies’ expanded authority and scope of practice during the emergency.  For a further discussion of the court’s decision, see this blog post on the Wyatt Employment Law Report.  The Governor’s Executive Orders related to reopening Kentucky’s economy are linked on the Governor’s Team Kentucky webpage for Healthy at Work.