Can the Kansas Legislative Coordinating Council override the Kansas Governor?

[Snowboarder_Bo]

I’m sure I don’t know all the details here; I welcome someone more informed filling the gaps.

Okay, so the story as I understand it is that the governor declared a state of emergency but the Legislative Coordinating Council, made up of 7 members, overrode that authority with respect to religious gatherings.

The thing is, if I understand this correctly, the LCC does not have that power by law; they just gave it to themselves. The matter is now before the Kansas Supreme Court.

An attorney for Kansas Gov. Laura Kelly told the state Supreme Court on Saturday that a Republican-dominated legislative panel exceeded its authority when it overturned the Democratic governor’s executive order banning religious and funeral services of more than 10 people during the coronavirus pandemic.

Lawmakers countered that the language in a resolution they contend gave the panel that authority was a compromise reached with Kelly and was intended as a check on her power at a time when the full Legislature couldn’t meet because of virus concerns.

During an emergency, the governor can only be overruled by the Legislature as a whole acting on a resolution voted on by all 165 of its members, he argued.

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.

Lawmakers gave the council the right to review Kelly’s executive orders and to overturn many of them within days. Conservative Republicans were upset with an order from Kelly to close K-12 schools for the rest of the spring semester and wanted to block her from using sweeping gubernatorial powers granted to deal with short-term disasters.

[Iggy]

The Kansas Supreme Court said no. The Legislative Coordinating Council cannot override the Governor’s emergency declaration because… reasons.

[Chronos]

The irony here should be evident. The legislature overturned the governor’s order against large gatherings of people… except that it wasn’t the whole legislature, just a small portion of it, because the whole legislature can’t meet, because they’re a large gathering of people.

[Snowboarder_Bo]

@Iggy

The Kansas Supreme Court said no. The Legislative Coordinating Council cannot override the Governor’s emergency declaration because… reasons.

^ This post is a disservice to the forum.

There are reasons given and they make a lot of sense. The decision by the Kansas State Supreme Court was unanimous.

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.

Justices determined the LCC doesn’t currently have that authority, based on the timetable outlined in the resolution. They declined to consider, as the governor argued, whether the Legislature can delegate such authority to the LCC in the first place.

Now we see the real problem arise, tho: selfish people are still going to do whatever they want and claim they are morally right to do so.

Pastor Aaron Harris, of Calvary Baptist Church in Junction City, said the high court’s decision doesn’t “validate the governor’s order,” which carries the full force of law.

“The legislative council may not have had legal authority to revoke it, but it is still unconstitutional,” Harris said. “We’ll be having services tomorrow. I hope and pray that our local LE will respect the constitution.”

I am curious about the Kansas state constitution and the governor’s powers: does the governor not have the legal power to declare a state of emergency without the legislature’s approval?

[RioRico]

@Snowboarder_Bo

Pastor Aaron Harris, of Calvary Baptist Church in Junction City, said the high court’s decision doesn’t “validate the governor’s order,” which carries the full force of law.

“The legislative council may not have had legal authority to revoke it, but it is still unconstitutional,” Harris said. “We’ll be having services tomorrow. I hope and pray that our local LE will respect the constitution.”

I am curious about the Kansas state constitution and the governor’s powers: does the governor not have the legal power to declare a state of emergency without the legislature’s approval?

I can’t comment on KS constitutionality. But note that Junction City is Fort Riley’s off-post town. Seven cases are now known in Geary County. The fort’s commissary and exchange facilities are open, with face coverings required. (cite) I imagine 1st Infantry Division* command isn’t anxious for troops or their families to worship in town but my cursory search finds no alerts.

But I see lawless kill-happy Kansas pastors led death services today anyway. (cite) (cite). I can’t tell if the sacrificial slaughter extended to Junction City. I await new hotspot news.

• US Army First Infantry Division, the Big Red One. Slogan: “If ya gotta HAVE one, have a big RED one!”