Attorney general to appeal emergency-power decision, warns of 'legal anarchy'

TOPEKA — Attorney General Derek Schmidt wants the Kansas Supreme Court to directly consider an appeal of the lower court decision declaring unconstitutional a new state law realigning government authority during disaster emergencies.

Schmidt filed notice to challenge the Johnson County District Court ruling and requested that lower court promptly issue a stay of its orders in the case pending appeal. Without suspension of the ruling, the Republican attorney general said uncertainty about practical application of the ruling could trigger “legal anarchy.”

On July 15, Johnson County District Court Judge David Hauber issued a 27-page ruling in response to a lawsuit filed by parents opposed to the Shawnee Mission School District’s policy requiring wearing of masks. He determined the GOP-led Legislature’s bill signed by Democratic Gov. Laura Kelly disregarded core principles of separation of power among branches of government and the right of due process.

In addition to granting students, parents and employees the opportunity to challenge public school district policy, the law decisively reduced a governor’s authority during statewide emergencies. In terms of the COVID-19 pandemic, the law transferred to a legislative council oversight of executive orders and extensions of disaster declarations.

Read more: https://kansasreflector.com/2021/07/22/attorney-general-to-appeal-emergency-power-decision-warns-of-legal-anarchy/