Schmidt Appeals Ruling On Who Has Power

Attorney General Derek Schmidt is taking his fight to curb the power of Governor Laura Kelly and local officials to impose COVID-19 restrictions to the state’s highest court.

Schmidt has asked the Kansas Supreme Court to keep a law that limits Kelly’s power and local officials’ authority, even though a judge struck it down last month.

Schmidt is appealing District Judge David Hauber’s ruling, and wants the decision put on hold in the meantime.

The Legislature enacted the law to prevent Kelly from closing businesses or schools, limiting public gatherings, or imposing a statewide mask mandate.

The law curbed the power of county health officers, leaving decisions about pandemic restrictions to elected county commissions.

It allowed people to sue over restrictions, and required court decisions within 10 days.

Hauber ruled that the law violated the state constitution by infringing upon the power of the courts, and by denying state and local officials due legal process.