constitutional debate on governors emergency orders

After a republican state lawmaker from dry ridge filed an amendment to a bill that would allow kentuckians to sue the state over the governor's emergency coronavirus measures.

Abc 36's christy bollinger has details on the proposal, why the lawmaker filed it and the governor's reaction to it.

Take sot: :13 beshear: "isn't this silly?

At a time where we're all supposed to be in this together we're all supposed to be doing our duty and we're all supposed to be doing what it takes to respond to this worldwide pandemic, i just."

Take vo: that's governor andy beshear's reaction to representative savannah maddox's proposal to limit the scope of the governor's executive orders issued during a public health emergency and to allow people to sue the state if such an order hurts their business.

Take sot: :16 beshear "well, i'm trying to save peoples lives and if somebody doesn't understand that or somebody doesn't care, i don't really have a reaction for them.

But, i'm going to continue to do the right thing.

People can put an amendment, let the whole world sue me.

I used to be a lawyer, i can handle that."

U-k law professor joshua douglas says the governor is acting within his constitutional authority.

Take sot: :27 "douglas: "a lot of constitutional law is a balance between the rights of individuals and the need for the government to act to prevent harm or to uphold health and welfare and when you're in the situation of a global pandemic, it makes sense that the constitution would give more authority to the government to act to help to protect health and safety and welfare."

Take vo: he says the law gives the governor wide authority to act during an emergency.

Take sot: :13 "beshear: "if after this people want to look back and say we were overly aggressive, that's a reality i look forward to because it means our people were safer than what we anticipate is coming."

Take vo: representative maddox, in her facebook post, wrote "we cannot allow the consequences to become worse than the virus itself."

Take sot: :14 douglas "is there an argument that he's exceeded constitutional powers?

And i believe the answer is no, based on the actions he's taken and courts' understanding of what the constitution limits in an emergency situation like a pandemic."

Take vo: this all may be a mute point because there's only a few days left in the current legislative session and maddox's bill remains in a house committee.

I'm christy bollinger, abc