Saturday, April 11, 2020
KANSAS GUV KELLY STAYS WINNING COURT FIGHT AGAINST EASTER CHURCH GATHERINGS AMID COVID-19 LOCKDOWN!!!
The roundup of tonight's ruling that may or may not be enforced by authorities . . .
Kansas Supreme Court upholds Gov. Kelly’s order limiting religious gatherings hours before Easter
“The LCC purported to revoke one executive order,” the court wrote in a ruling document. “We are asked to determine whether it acted within its lawful authority. We hold that it did not.”
"The court heard oral arguments on April 11, issuing the decision just after 9 p.m. before Easter Sunday. The ruling states that, in this case, Congress had not given the LLC the authority to revoke the order.
"The Court’s decision did not address several other issues that had been mentioned in the parties’ written filings—including whether the Legislature’s attempt to give the LCC authority to act while it was away from Topeka was lawful and whether the Governor’s order infringed on religious freedom."
KMBC: Kansas Supreme Court says executive order banning religious service of more than 10 people stands
"In this time of crisis, the question before the court is whether a seven-member legislative committee has the power to overrule the governor. The answer is no," said Clay Britton, chief counsel for the governor.
"Attorneys for the lawmakers, though, said the court should consider that the resolution that gave the panel its authority was a compromise meant to give legislative oversight at a time when the full Legislature couldn't meet. The panel is the Legislative Coordinating Council, which is made up of the top four House leaders and top three Senate leaders. Five of the seven members are Republicans."
Live blog . . .
T-Cap-J: Supreme Court sides with Gov. Laura Kelly in fight over church crowds
"The unanimous decision means Kelly’s order limiting religious gatherings to no more than 10 individuals will be in effect for Easter Sunday services. The court didn’t consider whether Kelly’s order infringes on religious freedom.
"Instead, justices focused on the language of a hastily drafted resolution passed by the Legislature shortly before adjourning in March.
"The resolution granted the governor emergency powers for responding to COVID-19 through May 1 and allows the State Finance Council to extend the emergency by 30 days. If extended, the resolution gives the Legislative Coordinating Council authority to reverse any executive order issued by the governor.
Axios: DOJ warns of action against crackdowns on religious services
Translation . . . The legal debate will continue along with the spread of the virus . . .
Check the Kansas Supreme Court Opinion for legal eagle friends to geek out on tonight.
Developing . . .