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So the Circuit Judge in Scott County, Brian Privett, produced one of the worst legal opinions I have ever seen in my life yesterday about the Governor.
This is nerdy and legal so I totally understand if you don’t want to read this thread...but for everyone else:
This is nerdy and legal so I totally understand if you don’t want to read this thread...but for everyone else:
An agri-tourism place sued (and was joined by Ryan Quarles and Daniel Cameron in a race for the 2023 GOP Primary nomination) Governor Beshear saying that his order preventing those places from being open was Unconstitutional
On the merits, both sides have rational arguments
On the merits, both sides have rational arguments
Judge Privett granted a Restraining Order, forbidding Beshear from enforcing the order on the Scott County business or any other agri-Business in the state (which he likely doesn’t have jurisdiction to do considering he only has authority over Scott County)
He went further and said Beshear couldn’t issue any Executive Order about ANYTHING IN THE STATE without complying with his rules
How the Circuit Judge in Scott County has the audacity to believe he sets the standards for ALL future Governor decisions anywhere in Ky is beyond me
How the Circuit Judge in Scott County has the audacity to believe he sets the standards for ALL future Governor decisions anywhere in Ky is beyond me
He did all this in a two page decision that:
(A) gave no factual description of the case
(B) cited no case law and applied no legal standards to the facts
(C) Provided no analysis or rationale for his decision whatsoever
Nothing...it had no analysis at all
(A) gave no factual description of the case
(B) cited no case law and applied no legal standards to the facts
(C) Provided no analysis or rationale for his decision whatsoever
Nothing...it had no analysis at all
While the decision on the Agri-Business case was bizarre and not explained at all, it at least involved a party before the court
His attempt to restrain ALL Exec Orders on any subject is absurd. The Judge doesn’t even have the legal authority To enter such an order
His attempt to restrain ALL Exec Orders on any subject is absurd. The Judge doesn’t even have the legal authority To enter such an order
He basically pre-determined than any Order Governor Beshear issues is Unconstitutional even before he issues it. Needless to say, a Judge cannot do that.
But not only did Judge Privett try to do it...he did it in two sentences with no explanation or rationale whatsoever!
But not only did Judge Privett try to do it...he did it in two sentences with no explanation or rationale whatsoever!
Now whether he is correct or not on the merits of the Agribusiness case, to grant a TRO during a pandemic requires at least SOME analysis. But he gave none
And enjoining all future unwritten Orders is something even a law student would know a Judge doesn’t have the power to do
And enjoining all future unwritten Orders is something even a law student would know a Judge doesn’t have the power to do
It honestly may be the worst opinion on a serious issue I have ever read in my life
I am sure Judge Privett is a nice man and I wish him the best. But the decision is staggeringly terrible. I can’t believe he even let himself write it. It is below https://www.scribd.com/document/468595413/2020-07-09-TRO
I am sure Judge Privett is a nice man and I wish him the best. But the decision is staggeringly terrible. I can’t believe he even let himself write it. It is below https://www.scribd.com/document/468595413/2020-07-09-TRO
