UPDATE, 9:17 p.m. | The Kansas Supreme Court "invalidated" a legislative panel's decision to overturn Gov. Laura Kelly's order that banned religoius and funeral services of more than 10 people.
The court "ruled swiftly and narrowly," according to a statement released Saturday night.
"The Court said the revocation could not stand, because the resolution failed to give the LCC the necessary power to override the Governor's order," the statement said. "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."
ORIGINAL STORY | An attorney for Kansas Gov. Laura Kelly’s has told the state Supreme Court that a Republican-dominated legislative panel exceeded its authority by overturning the Democratic governor's order banning religious and funeral services of more than 10 people during the coronavirus pandemic.
"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, council for Kelly.
Lawmakers countered during Saturday's hearing that the resolution that they contend gave the panel that authority was a compromise reached at the time with the governor’s office as a legislative check on the power.
"There is broad authority, and I think you would want that in circumstances that involve with an emergency that we’re dealing with here," said Brad Schlozman, council for the Legislative Coordinating Council. "The fallback is if they don’t have the ability to act in the absence of the full legislature, then you’re essentially forcing the legislature to confer unbridled discretion on the governor and eliminating any balance on checks and balances,"
The hearing came one day before Easter, and the justices said they would confer immediately after arguments were presented to try to come to a quick ruling.
Kelly issued Executive Order 20-18 on Tuesday, removing the exception on public gatherings of 10 people or more for religious gatherings.
The Legislative Coordinating Committee overturned her decision on Wednesday, citing guidance from the Kansas Attorney General's office that the limitations might be unconstitutional.
Kelly announced Thursday that she would let the state's high court decide and filed suit.
41 Action News staff contributed to this story.
