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Case Name Kelly v. Legislative Coordinating Council FA-KS-0001
Docket / Court 122765 ( State Court )
State/Territory Kansas
Case Type(s) Speech and Religious Freedom
Special Collection COVID-19 (novel coronavirus)
Case Summary
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 ... read more >
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.

Cedar Hobbs - 06/13/2020


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Issues and Causes of Action
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Issues
Plaintiff Type
State Plaintiff
Special Case Type
Appellate Court is initial court
Causes of Action State law
Defendant(s) Kansas Legislative Coordinating Council
Plaintiff Description The Governor of Kansas
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief In quo warranto relief
Source of Relief Litigation
Filed 04/09/2020
Case Closing Year 2020
Case Ongoing No
Court Docket(s)
State Supreme Court
04/11/2020
122765
FA-KS-0001-9000.pdf | Detail
Source: State Court Website
General Documents
State Supreme Court
04/09/2020
Original Action Petition in Quo Warranto
FA-KS-0001-0002.pdf | Detail
Source: State Court Website
State Supreme Court
04/09/2020
Memorandum in Support Petition in Quo Warranto
FA-KS-0001-0003.pdf | Detail
Source: State Court Website
State Supreme Court
04/10/2020
Petitioner's Reply
FA-KS-0001-0004.pdf | Detail
Source: State Court Website
State Supreme Court
04/10/2020
Respondents' Joint Response to Petitioner's Petition in Quo Warranto and Memorandum in Support
FA-KS-0001-0005.pdf | Detail
Source: State Court Website
State Supreme Court
04/10/2020
Answer of the Legislative Coordinating Council, Kansas House of Representatives, and Kansas Senate to the Petition in Quo Warranto of Governor Laura Kelly
FA-KS-0001-0006.pdf | Detail
Source: State Court Website
State Supreme Court
04/13/2020
Opinion (460 P.3d 832)
FA-KS-0001-0001.pdf | WESTLAW| LEXIS | Detail
Source: State Court Website
show all people docs
Judges Biles, Dan Court not on record show/hide docs
FA-KS-0001-0001
Ward, Michael E. Court not on record show/hide docs
FA-KS-0001-0001
Plaintiff's Lawyers Britton, Clay (Kansas) show/hide docs
FA-KS-0001-0002 | FA-KS-0001-0003 | FA-KS-0001-0004
Irigonegaray, Pedro L. (Kansas) show/hide docs
FA-KS-0001-0002 | FA-KS-0001-0003 | FA-KS-0001-0004
Mulligan, Lumen (Kansas) show/hide docs
FA-KS-0001-0002 | FA-KS-0001-0003 | FA-KS-0001-0004
Defendant's Lawyers Greim, Edward D. (Missouri) show/hide docs
FA-KS-0001-0005 | FA-KS-0001-0006
Scholzman, Bradley J. (Kansas) show/hide docs
FA-KS-0001-0005 | FA-KS-0001-0006

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