TOPEKA — The Kansas Supreme Court on Saturday invalidated the Legislative Coordinating Council’s revocation of Governor Laura Kelly’s COVID-19 Executive Order 20-18.
The high court heard arguments electronically, meeting via Zoom, ruling swiftly and narrowly, saying it relied on the plain language of House Concurrent Resolution No. 5025. The Court said the revocation could not stand, because the resolution failed to give the LCC the necessary power to override Gov. Kelly’s order.
The decision means the public gathering ban on 10 or more people in public places, specifically churches is back in place. The governor’s legal team had pushed for a quick decision ahead of Easter Sunday, traditionally the busiest day for churches. Many churches had already complied with the health department recommendations to hold services remotely. The order mandates that. Republican legislative leadership challenged whether the governor had constitutional authority to impose such a ban.
The Court’s decision did not address several other issues brought up in both parties’ written filings, such as whether the Legislature’s attempt to give the LCC to act while it was away from Topeka was lawful. It also didn’t specify whether the Governor’s order infringed on religious freedom.
The majority opinion said if House Resolution No. 5025 was accepted as an otherwise valid exercise of legislative authority, its plain text did not authorize the LCC to revoke Executive Order 20-18. Read the full Supreme Court opinion below.
Following the ruling Gov. Kelly issued the following statement:
“I want to thank the Supreme Court for its expedited review under difficult circumstances,” Kelly said, referring to the Supreme Court meeting for the first time in the court’s history by video conference. “Our response to this unprecedented pandemic has necessitated that even our most fundamental institutions find alternative methods that preserve public health.”
State Senate President Susan Wagle released this statement:
“Governor Kelly’s emergency orders display her misplaced priorities as she makes it an arrestable offense to attend church while prisons are rioting, businesses are closing, and State agencies are fumbling. All while Kelly sues to remove the one check on her power…
…Other governors have kept places of worship open with strong encouragement for people to stay home and practice good social distancing. I have faith in Kansans and encourage them to do the same.”
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