Kansas Supreme Court Leaves Limits on Governor’s Emergency Powers in Place

Kansas Supreme Court Leaves Limits on Governor’s Emergency Powers in Place

The Kansas Supreme Court Tuesday took up an appeal regarding revisions to the state’s emergency management law. 

The revisions to the emergency management law were ruled unconstitutional by a district court last month. However, while the appeal is being considered, the district court’s ruling was ordered to be stayed, thereby leaving the limits on Democratic Gov. Laura Kelly’s power in place, The Hill reports.

Kansas Attorney General and gubernatorial candidate Derek Schmidt, a Republican, praised the court’s ruling, saying that “[T]he district court’s ruling had created unnecessary confusion about Kansas emergency management laws at a time when the rise in COVID cases makes certainty and stability in the law even more critical.”

Earlier this year, state lawmakers approved rules to allow Kelly’s emergency powers to be subject to review by the state legislature. They also prohibited business closures, capacity limits and mask mandates.

The Hill notes that the court’s ruling also restores a procedure that allows both businesses and individuals to file a complaint in civil court should they feel “aggrieved” by a public health order. 

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Originally Posted on: https://www.newsmax.com/politics/kansas-covid19-statesupremecourt/2021/08/24/id/1033654

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