FRANKFORT, Ky. (AP) — Kentucky’s Supreme Courtroom on Thursday delved into one other authorized battle between the state’s Democratic governor and Republican-led legislature — whether or not particular person lawmakers are shielded from being named as defendants when the chief department sues to problem legislative actions.
The query is an outgrowth of Gov. Andy Beshear’s court docket battle towards GOP-backed laws limiting his emergency powers throughout the COVID-19 pandemic. The governor named state Senate President Robert Stivers and Home Speaker David Osborne as defendants within the go well with.
The highest two legislative leaders filed a movement to be dismissed from the go well with, arguing they had been lined by immunity as legislators. A Franklin County Circuit choose denied their movement and Stivers and Osborne appealed, in the end sending the case to the state’s highest court docket.
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Either side introduced their arguments throughout a Supreme Courtroom listening to Thursday.
An lawyer for the Republican lawmakers stated the state’s Structure “unambiguously protects members of the legislature from being attacked in court docket for the payments that they enact.”
“Separation of powers could be distorted past recognition if government officers might open a second entrance within the legislative course of by attacking members of the Common Meeting in court docket for the payments that they enact,” the lawyer, Paul Salamanca, informed the justices.
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Throughout rounds of questioning from the justices, Deputy Chief Justice Lisabeth T. Hughes expressed respect for legislative immunity, calling it “a vital doctrine.” Hughes added that the governor’s authorized group gave the impression to be arguing for “a really slender exception to legislative immunity — not all-out susceptibility, if you’ll, to sue.”
“There are exceptions to judicial immunity, and I believe that is what’s being argued right here is an exception to legislative immunity,” she stated.
Travis Mayo, the governor’s basic counsel, cited prior court docket rulings holding that legislative immunity “is just not an absolute protect” when laws is being challenged.
“That is a kind of instances the place legislative immunity doesn’t apply,” he informed the court docket.
Mayo additionally warned that broad software of legislative immunity might depart the chief department with no authorized recourse when trying to problem the constitutionality of legislative actions.
If the legislative leaders and the state’s lawyer basic had been dismissed as defendants within the present case, Mayo stated, the governor “would have been left with no defendant to problem the constitutionality of those legal guidelines and would have been left with no redress.”
The case is an outgrowth of a bigger separation-of-powers battle over coronavirus insurance policies.
Kentucky’s Supreme Courtroom, in a landmark 2021 ruling, cleared the way in which for brand new legal guidelines to rein within the governor’s emergency powers in combating the unfold of COVID-19. One of many contested legal guidelines limits the governor’s government orders in occasions of emergency to 30 days except prolonged by lawmakers.
LOUISVILLE, Ky. – Rivalry week has finally arrived. The Louisville and Kentucky football program are set to do battle once again, facing off in Lexington for the annual Battle for the Governor’s Cup.
Here are the depth charts for both the Cardinals and Wildcats:
Changes from Louisville’s Depth Chart vs. Pitt:
Quarterback
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9 Tyler Shough (6-5, 230, Gr.) 10 Pierce Clarkson (6-1, 190, R-Fr.) OR 15 Harrison Bailey (6-5, 230, R-Sr.) OR 12 Brady Allen (6-6, 220, R-So)
Running Back
25 Isaac Brown (5-9, 190, Fr.) 21 Donald Chaney Jr. (5-10, 210, R-Jr.) 26 Duke Watson (6-0, 180, Fr.) 22 Keyjuan Brown (5-10, 210, R-Fr.)
Wide Receiver
0 Chris Bell (6-2, 220, Jr.) 81 Cataurus Hicks (5-10, 180, R-Fr.)
Western Kentucky Hilltoppers (3-2) at Kentucky Wildcats (5-0)
Lexington, Kentucky; Tuesday, 6:30 p.m. EST
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BETMGM SPORTSBOOK LINE: Wildcats -22.5; over/under is 164
BOTTOM LINE: No. 8 Kentucky takes on Western Kentucky after Koby Brea scored 22 points in Kentucky’s 108-59 win over the Jackson State Tigers.
The Wildcats have gone 4-0 at home. Kentucky is 10th in college basketball averaging 12.6 made 3-pointers per game while shooting 42.3% from downtown. Brea leads the team averaging 4.0 makes while shooting 74.1% from 3-point range.
The Hilltoppers are 0-1 in road games. Western Kentucky ranks third in the CUSA shooting 37.4% from 3-point range.
Kentucky scores 97.0 points, 24.2 more per game than the 72.8 Western Kentucky allows. Western Kentucky averages 9.8 made 3-pointers per game this season, 3.8 more made shots on average than the 6.0 per game Kentucky gives up.
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TOP PERFORMERS: Brea is shooting 74.1% from beyond the arc with 4.0 made 3-pointers per game for the Wildcats, while averaging 16 points.
Julius Thedford averages 2.4 made 3-pointers per game for the Hilltoppers, scoring 11.4 points while shooting 54.5% from beyond the arc.
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The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.
Mark Stoops owns a five-game winning streak in the Governor’s Cup series. The Wildcats have won three games in a row at L&N Federal Credit Union Stadium and have not lost to Louisville at Kroger Field since 2017 when Bobby Petrino was holding the call sheet and and Lamar Jackson was playing quarterback. The Wildcats have also covered a lot of spreads in this series.
Stoops is 7-2-1 against-the-spread (ATS) in this series with with covers as a double-digit dog in 2014 and 2016. Kentucky has beaten Louisville outright as a dog three times since 2016 and has covered five straight in this series. Those are not the only trends going in Kentucky’s direction heading into this Week 14 contest.
Louisville is 0-4-1 ATS as a road favorite under Jeff Brohm with outright losses to Pittsburgh and Stanford. Kentucky is 5-0-1 ATS as a dog in its last six outing including four games this season. Kentucky covered numbers as a double-digit dog against Georgia, Ole Miss, Tennessee, and Texas this season.
The visitor is 11-3-1 ATS (5-10 outright) in the last 14 meetings of this series with 10 outright wins but Kentucky has won the last two meetings at Kroger Field covering each times as a three-point favorite. In 2019, Kentucky ran away for a 45-13 victory and cruised to a 26-13 victory in 2022.
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Kentucky has consistently overachieved pregame expectations in this series. The Wildcats are currently a 3.5-point dog with a total of 48.5. That’s a projected final score of 26-22.5. Will UK exceed expectations again against Louisville? A win would equal four outright upsets for the Big Blue in the last eight meetings of the series.
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