Posted on 08/19/2021 6:26:28 PM PDT by RandFan
A federal judge in Kentucky on Thursday temporarily blocked a statewide school mask mandate put in place amid increased transmission of the highly contagious delta variant of the coronavirus.
The ruling comes a little over a week after Kentucky Gov. Andy Beshear (D) signed an executive order requiring all teachers, staff, students and visitors in Kentucky schools to wear face coverings while indoors.
In an eight-page ruling, U.S. District Judge William Bertelsman, a Carter appointee, said Beshear’s order appeared to lack validity after the state legislature earlier this year overrode Beshear's veto to pass a measure limiting his public health authority.
“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,” wrote Bertelsman, who sits on the federal district court bench in Kentucky’s Eastern District.
The Thursday ruling was not a final decision on the merits. Rather, it afforded temporary relief in response to a lawsuit brought by parents of students at a Catholic school in Cold Spring, Ky.
The dispute arose shortly after Beshear’s executive order signing on Aug. 10. The order was set to last for 30 days, with the possibility of being extended.
Beshear’s order noted that the Centers for Disease Control and Prevention recommends face coverings in schools, regardless of vaccination status.
“We are at a point where we cannot allow our kids to go into these buildings unprotected, unvaccinated, and face this delta variant,” Beshear said during the signing, according to a local Fox affiliate.
The vaccine remains unavailable for the roughly 661,000 Kentucky children under age 11, and that only about one in three eligible Kentuckians between ages 12 and 17 had received their first dose, the executive order states.
A hearing in the case, Oswald v. Beshear, is scheduled for Tuesday.
There’s a Carter Judge who’s still alive?
It appears so!
When is a judge going actually ask these officials to prove that masks work?
Our first gubnatorial “wing-clipping” which should get the rest of the states to pass laws limiting the emergency powers of their governors. You can’t vest that much power in one person’s hands, as it is sure to lead to tyranny, as we’ve seen with an artificially created “emergency”.
We are now watching the Taliban mask 1/2 their population for control and many Americans can’t see this is about control??
I can’t decide if we have lost too much of our morality to exist or our grey cells.
“There’s a Carter Judge who’s still alive?”
No kidding, and 85 years old. Probably one of the last of the few Democrat judges who actually consult the law, rather than the Obama Foundation, before making a ruling.
I believe there needs to be a balance. For example, the governor should have some emergency executive powers to handle initial stages of emergency, for example an earthquake in California, a tornado in the Midwest, a water main break in a large city, etc. But those powers should be limited To a matter of days and if the issue extends past that, the legislature must be convened to give consent to any future actions.
This also must be set up in a way where the governor can’t just keep issuing emergency orders on the same topic like we saw in Michigan. If you get struck down by a legislature, and say Covid, you can’t just wait 24 hours and issue a new nearly identical order.
He's off the Dem reservation for this one.
The problem with this statement is that the EXACT OPPOSITE occured during the last election. The executive branch ignored the Constitution, changed the voting laws by ignoring the laws passed by the legislature and allowed thousands of illegal votes.
When will Buttsmear be removed from office?
The Amish of West Louisville and the Karens of Eastern Jefferson County together will not be enough to save him.
Only The Dominion can save him.
First thing I thought of as well. Over 40 years serving as a judge? Simply unacceptable.
There were all kinds of voter irregularities in the election. Not one damn one of them investigated.
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