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Ex. DUT-KS-020 Standing duty Primary source read

Kelly v. Legislative Coordinating Council, No. 122,765 (Kan. Apr. 11, 2020) (original action in quo warranto; quo warranto granted in part)

Laura Kelly, Governor of the State of Kansas, v. Legislative Coordinating Council, et al.

Supreme Court of Kansas (per curiam) · Kansas (Court)

The COVID Project

The record

Jurisdiction
Kansas
Level
Court
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)
Issued
2020-04-11 Apr. 11, 2020
Effective
2020-04-11
End
n/a (decision) (read as 2021-09-30)
In force
Apr. 11, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Gathering capEvents and venuesStanding dutyOther
Addressees
  • persons generally (every person subject to the Governor's orders); the Legislature and its Coordinating Council
Character
adjudication
Collection
Standing duties: Kansas DUT-KS

Operative words

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:... "(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"

Penalty

n/a (the orders it kept in force were enforced under K.S.A. 48-939, DUT-KS-011)

What it required

The Supreme Court, in an expedited original action decided the day before Easter, held that the Legislative Coordinating Council 'acted within its lawful authority' in purporting to revoke Executive Order 20-18 (the ten-person limit on religious gatherings): 'We hold that it did not'; EO 20-18 therefore remained in force, and the Court's opinion sets out verbatim the 2019 text of 48-925(a)-(c) under which every 2020 executive order had 'the force and effect of law.' Character as recorded: adjudication (emergency powers construed).

Retrieval note

Slip opinion from the Kansas Judicial Branch site (kscourts.gov; the older kscourts.org path returns 404). The Court decided the case on the plain text of HCR 5025 and did not reach the validity of EO 20-18 (slip op. at 2-3). cite the slip opinion.