The COVID Project
The record
- Jurisdiction
- Kentucky
- Level
- Court
- Authority
- Ky. Const. secs. 110, 115; CR 65.07; transfer from the Court of Appeals
- Issued
- 2021-08-21 Aug. 21, 2021
- Effective
- 2021-08-21 (remand with instructions to dissolve the injunction) (read as 2021-08-21)
- End
- n/a (read as 2021-09-30)
- In force
- Aug. 21, 2021 to Sept. 30, 2021
- Quarters
- 2021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Other
- Addressees
- Franklin Circuit Court
- the Governor and CHFS
- Attorney General
- Functions reached
- framework for Q3 2021 (why the Governor called the Sept. 7, 2021 special session)
- Collection
- Kentucky KY
Operative words
we are presented with Movant Attorney General Daniel Cameron's request for relief from a temporary injunction issued by the Franklin Circuit Court against implementation of House Bill (H.B.) 1, Senate Bill (S.B.) 1, S.B. 2, and House Joint Resolution (H.J.R.) 77... We find that this matter presents a justiciable case or controversy but that the Franklin Circuit Court abused its discretion in issuing the temporary injunction. Accordingly, we remand this case to the trial court with instructions to dissolve the injunction. (slip op. at 1-2)... The bills became effective on February 2, 2021. (at 3)... Most significantly, the General Assembly explicitly included Executive Order 2020-215, the Governor's original emergency declaration, as one of the executive actions which would expire in ninety days, or by June 28, 2021. (at 4-5)
Enforcement
Judgment of the Commonwealth's highest court; footnotes 1-4 give the Acts citations: HB 1, ch. 3, 2021 Ky. Acts 14; SB 1, ch. 6, 2021 Ky. Acts 17; SB 2, ch. 7, 2021 Ky. Acts 26; HJR 77, ch. 168, 2021 Ky. Acts 1059
Notes
The Governor's Sept. 4, 2021 release (prId=953) calls the special session 'following a recent Kentucky Supreme Court ruling' to extend the state of emergency to Jan. 15, 2022
Retrieval noteSlip-opinion pagination; the S.W.3d citation was not verified this session.