On October 14-15, the Federalist Society's Kentucky lawyers chapters hosted their annual conference via online webinars. The topic of the second panel was "COVID-19 and Constitutional Law."
The response to the COVID-19 pandemic has largely been driven by each state’s governor. Governors across the country—including in Kentucky—have issued a series of executive orders in the name of public health to combat the spread of the virus. These executive orders, however, often conflict with ordinary application of both separation of powers and ordinary constitutional liberties, including when and where individuals may exercise their First Amendment rights to worship and assemble, along with substantial economic pressures. Several of these orders have been challenged in state and federal courts. This panel explores the scope of a governor’s unilateral authority in responding to public health emergencies, and how those powers interact with the state and federal constitutions.
Featuring:

Allison Joy Ball, State Treasurer, Kentucky
Victor B. Maddox, Assistant Deputy Attorney General
Hiram Sasser, Executive General Counsel, First Liberty
Douglas McSwain, Partner, Wyant, Tarrant & Combs, LLP
Moderator: William Thro, General Counsel, University of Kentucky
Introduction: Lesley Bilby, Central Kentucky Lawyers Chapter Executive Committee

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.