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FRANKFORT, Ky. (WKYT) - The Kentucky Supreme Court unanimously ordered the Franklin Circuit Court to dissolve an injunction that stopped new laws passed by the state legislature to be implemented.

Governor Andy Beshear filed a lawsuit in February after the legislature passed several laws limiting his executive powers. The Franklin Circuit Court issued an injunction on those laws.

The Kentucky Supreme Court Saturday found that the Franklin Circuit Court abused its discretion in issuing the temporary injunction, and sent the case back to the Franklin Circuit Court with instructions to dissolve the injunction.

“To take away tools that this governor needs is hurtful, frankly, to those of us who have lost friends and family to COVID,” said Colmon Elridge, Chair of the Kentucky Democratic Party.

The ruling allows the Republican-backed laws that limit Governor Andy Beshear’s emergency powers. Echoing similar sentiments from the governor’s office, Elridge said the governor was making life-saving decisions. And the ruling will prevent this at a time where cases are rising again.

“This has never been about politics for some of us, for most of us. It’s been about watching people that we love get sick,” Elridge said.

The full 34-page court decision can be read below.

Kentucky Auditor Mike Harmon issued a statement on the ruling. Harmon, who is running for governor in 2023, said “Today’s ruling by the Kentucky Supreme Court reaffirms the clear checks and balances that exist between the Executive and Legislative branches and how essential those are to prevent overreach by one side or the other.”

Like Attorney General Cameron said in a statement, Harmon says he also believes the governor should work with the General Assembly during the pandemic, further saying he doesn’t believe in mandates.

“I am glad to see today, that balance, at least for the moment, was restored,” said Harmon. “I understand his goal to try and save lives. But you have to weigh the pros and cons of all of it. People losing businesses, depression sets in, an increase in suicides.”

He went on to say the governor needs to communicate and work with members of the General Assembly.

A spokesperson for the governor released a statement in response to the ruling. In it, Crystal Staley said the Supreme Court’s ruling will dissolve Kentucky’s entire State of Emergency for the COVID-19 pandemic.

“It either eliminates or puts at risk large amounts of funding, steps we have taken to increase our health care capacity, expanded meals for children and families, measures to fight COVID-19 in long-term care facilities, worker’s compensation for front-line workers who contract COVID-19 as well as the ability to fight price gouging.” Staley said.

The governor’s office said the court has removed much of Beshear’s ability to make unpopular decisions in order to keep Kentuckians safe.

“If called in to a special session, we hope the General Assembly would do the right thing.” the statement said.

According to our news partners at the Herald-Leader, Attorney General Daniel Cameron, a Republican, said he hopes Beshear “will now consult with our General Assembly and find consensus on what is needed to protect Kentuckians.”

The court also ruled on a Scott County Circuit Court injunction that attempted to block Gov. Beshear from issuing further pandemic-related executive orders. It was vacated on the grounds that courts are “not empowered to enjoin possible future violations”.

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Michie's Kentucky Rules Annotated offers the most comprehensive rules volumes available in Kentucky, and now feature Local Rules of Practice and Procedure for selected Circuit, District and Family Courts throughout Kentucky. The court rules volumes contain complete case annotations, as well as extensive research references for all of the following rules:

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Kentucky Rules of Evidence
Rules of Criminal Procedure
Rules of Civil Procedure
Family Court Rules of Procedure and Practice

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Kentucky Legal Research Guide

Kentucky Citation
For documents submitted to the Kentucky courts, you should follow the citation rules found in the Kentucky Rules of Civil Procedure.  Go to Kentucky Rules of Civil Procedure - Title lX Appeals.

Kentucky Rules of Civil Procedure, Rule 76.12 (4)(g) Form of Citations.
The citation of Kentucky cases is in line with the Bluebook style and case names may be italized or underlined. 
For Example:  Haney v. Butler, 990 S.W.2d 611 (Ky. 1999) and Owens v. Williams, 995 S.W.2d 196 (Ky. App. 1997).

Kentucky Rules of Civil Procedure, Rule 76.28 (4)(c)
Rule for citing unreported appellate decisions.
Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.

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