{"id":"DUT-KS-020","kind":"duty","level":"court","jurisdiction":"Kansas","state":"KS","metro":"","industry":"","agency":"","eco":"","issuer":"Supreme Court of Kansas (per curiam)","authority":"Kelly v. Legislative Coordinating Council, No. 122,765, slip op. at 2, 4 (Kan. Apr. 11, 2020) (per curiam) (reported at 460 P.3d 832)","instrument":"Kelly v. Legislative Coordinating Council, No. 122,765 (Kan. Apr. 11, 2020) (original action in quo warranto; quo warranto granted in part)","title":"Laura Kelly, Governor of the State of Kansas, v. Legislative Coordinating Council, et al.","dateIssued":"2020-04-11","effective":"2020-04-11","end":"n/a (decision)","startDate":"2020-04-11","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","GATH","EVT","OTHER"],"addressees":["persons generally (every person subject to the Governor\u0027s orders); the Legislature and its Coordinating Council"],"clause":"Once the proclamation is declared under K.S.A. 48-924, the Governor obtains powers set out in K.S.A. 2019 Supp. 48-925. That statute provides:... \u0022(b)... the governor may issue orders and proclamations which shall have the force and effect of law during the period of a state of disaster emergency declared under subsection (b) of K.S.A. 48-924\u0022","enforcement":"n/a (the orders it kept in force were enforced under K.S.A. 48-939, DUT-KS-011)","functions":[],"notes":"The Supreme Court, in an expedited original action decided the day before Easter, held that the Legislative Coordinating Council \u0027acted within its lawful authority\u0027 in purporting to revoke Executive Order 20-18 (the ten-person limit on religious gatherings): \u0027We hold that it did not\u0027; EO 20-18 therefore remained in force, and the Court\u0027s opinion sets out verbatim the 2019 text of 48-925(a)-(c) under which every 2020 executive order had \u0027the force and effect of law.\u0027 Character as recorded: adjudication (emergency powers construed).","sourceUrl":"https://www.kscourts.gov/KSCourts/media/KsCourts/Opinions/122765.pdf","snapshot":"","fileExists":true,"fileBytes":194403,"grade":"primary","character":"adjudication","description":"","collection":"DUT-KS","url":"/library/DUT-KS-020","exhibitUrl":"/exhibit/DUT-KS-020","citation":"Supreme Court of Kansas (per curiam), Kelly v. Legislative Coordinating Council, No. 122,765 (Kan. Apr. 11, 2020) (original action in quo warranto; quo warranto granted in part) (Ex. DUT-KS-020)","stateName":"Kansas","related":["DUT-KS-011","DUT-KS-018"]}