Filed Date: April 9, 2020
Closed Date: April 11, 2020
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COVID-19 Summary: In response to the COVID-19 pandemic, the Governor of Kansas issued an Executive Order barring mass gatherings, including religious gatherings. The Kansas Legislative Coordinating Council revoked the Order, and in response the Governor sued to reinstitute the Order. The Supreme Court of Kansas held that the Legislative Coordinating Council was not authorized to revoke the Executive Order, but it did not touch on the questions raised concerning religious freedom or public health.
On March 12, 2020, the Governor of Kansas issued an emergency proclamation in response to the COVID-19 pandemic, creating a state of emergency that lasted 15 days. Within that 15-day window under the newly passed HCR 5025, the Kansas Legislature adopted a resolution extending the proclamation to May 1, 2020. On April 7, the Governor issued Executive Order No. 20-18 ("the Order), temporarily prohibiting mass gatherings of more than 10 people. While the Order was subject to some exceptions, it did not exempt religious gatherings or memorial services. On April 8, the Kansas Legislative Coordinating Council ("LCC"), a group of 7 delegates from the Kansas senate and the house of representatives, voted to revoke the Executive Order.
On April 9, the Governor filed this lawsuit challenging the revocation of the Order, requesting an order from the court voiding the LCC's attempt to revoke the Order and enjoining them from taking further action. Governor Kelly argued that the Kansas Legislature had unconstitutionally delegated power to the LCC.
The LLC responded on April 10, arguing that they had statutory authority to revoke the Order, and that the Order contravened the religious liberty rights of Kansas citizens.
On April 11, 2020, the Supreme Court of Kansas heard oral arguments and issued a decision, holding that the LCC was not authorized to revoke the Order. The court did not address the questions concerning religious freedom or public health. 460 P.3d 832.
The case is closed.
Summary Authors
Cedar Hobbs (6/13/2020)
Biles, Dan (Kansas)
Britton, Clay (Kansas)
Irigonegaray, Pedro L. (Kansas)
Mulligan, Lumen (Kansas)
Greim, Edward D. (Missouri)
Biles, Dan (Kansas)
Ward, Michael E. (Kansas)
Last updated Aug. 30, 2023, 3:29 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Kansas
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: April 9, 2020
Closing Date: April 11, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The Governor of Kansas
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Kansas Legislative Coordinating Council, State
Case Details
Causes of Action:
Special Case Type(s):
Appellate Court is initial court
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Source of Relief: