Unsurprisingly, Buckner, legal staff for @GovAndyBeshear began with fear mongering. It’s clear their argument is that fear of #COVID__19 outweighs the fundamental rightist enshrined in the Constitution.
Judge Vanmeter asks Buckner to speak on the argument that @GovAndyBeshear’s execitive actions are arbitrary, citing childcare centers.
Buckner says some centers like YMCA’s vs others have diff rules because first responders had to have childcare during an emergency.
This is picking winners & losers. Making some citizens more important than others. Beyond the Govts role. This argument should hold no weight.
This is picking winners & losers. Making some citizens more important than others. Beyond the Govts role. This argument should hold no weight.
Sounds like this judge already has made her decision based on the framing of her question. She’s team Beshear. 
Judge Keller says they don’t have the full brief. She’s trying to get a feel for Dr. Stacks testimony in a previous case.
Buckner says @StevenStackMD has always administer imperfections but argues decisions are not arbitrary.
Buckner says @StevenStackMD has always administer imperfections but argues decisions are not arbitrary.
Keller asks why different childcare centers were treated differently.
Buckner reiterates it was to allow first responders to keep society operating. Says lines are imperfect and evolving and now all are allowed to be open.
Buckner reiterates it was to allow first responders to keep society operating. Says lines are imperfect and evolving and now all are allowed to be open.
Judge Hembree says she doesn’t understand the logic of allowing 75 kids in one center but not even 20 in another.
Buckner reiterates her precious argument.
Buckner reiterates her precious argument.
Then here comes Hughes again to essentially make Buckner’s argument for her through questioning from the bench. Framing questions to @GovAndyBeshear’s benefit.
Maybe we are misreading, but she seems very sympathetic to @GovAndyBeshear.
Buckner’s time has expired. @ChrisWiestKY is up.
Wiest says the @GovAndyBeshear team has misinterpreted the Appellee argument. Says there is a proper administrative path and that he has not followed it.
Quoting MLK, Wiest cites the inalienable rights of people. Arguing there is a danger of departing from the constitution and law. The ends do not justify the means.
Judge Vanmeter asks if it makes a difference if the Governor cites 39A rather than 211.
Wiest cites @StevenStackMD’s admission of imperfections. Says if the process was followed, those imperfections could have been more perfected through a public hearing and process.
Wiest cites @StevenStackMD’s admission of imperfections. Says if the process was followed, those imperfections could have been more perfected through a public hearing and process.
Hughes asks if the appellee if they are making a separation of powers argument.
Wiest says it’s more appropriate for @kyoag to make that argument and that he agrees, but as the counsel for businesses, their argument is tailored differently from the AG
@GovAndyBeshear’s authority is being challenged from two different legal directions.
@GovAndyBeshear’s authority is being challenged from two different legal directions.
Keller asks if common sense doesn’t require quick action for orders that the process is too slow for an emergency.
Wiest argues the legislature wants the executive to do proper analysis and process in 13A.
Wiest argues the legislature wants the executive to do proper analysis and process in 13A.
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