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Ex. KY-055 Order Primary source read

Cameron v. Beshear, No. 2021-SC-0107-I (Ky. Aug. 21, 2021)

Opinion affirming in part, reversing in part and remanding with instructions to dissolve the Franklin Circuit Court's temporary injunction against 2021 HB 1, SB 1, SB 2 and HJR 77

Supreme Court of Kentucky (VanMeter, J., for the Court) · Kentucky (Court)

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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
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 note

Slip-opinion pagination; the S.W.3d citation was not verified this session.