Kansas Supreme Court issues stay of lower court’s rejection of emergency management law

Attorney general seeks pause after judge ruled statute unconstitutional

by Tim Carpenter, Kansas Reflector

Topeka — The chief of the Kansas Supreme Court issued a stay Tuesday of a district court ruling that declared unconstitutional portions of an emergency management law adopted to recalibrate government authority during the COVID-19 pandemic.

Chief Justice Marla Luckert released the one-page order in response to a request from Attorney General Derek Schmidt, who planned to appeal the July 15 ruling by a Johnson County District Court judge that Senate Bill 40 was unenforceable. The law was approved this year by the Republican-led Legislature and signed by Democratic Gov. Laura Kelly.

District Court Judge David Hauber had rejected Schmidt’s request to suspend the district court action. The attorney general’s plea suggested to do otherwise would create “legal anarchy.” The judge, however, said the attorney general raised “fantastical” arguments.

Hauber waded into the controversy after parents in the Shawnee Mission School District filed a lawsuit in opposition to a policy requiring students to wear a face covering as a shield against COVID-19.

The judge found the new version of the Kansas Emergency Management Act conflicted with principles of separation of power among branches of government. In part, the statute moved authority to issue or extend disaster declarations from the governor to a council of state legislators.

Issues raised by the lawsuit and the judge’s decision have taken on new relevance as the delta variant of COVID-19 spread throughout communities in Kansas at the same time K-12 classes resumed.

In the original lawsuit, parents Scott Bozarth and Kristin Butler asserted implementation of a mask mandate could cause “psychological harm.”

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0.
See more at https://kansasreflector.com/2021/08/24/kansas-supreme-court-issues-stay-of-lower-courts-rejection-of-emergency-management-law/

Heat advisory continues today

A heat advisory is in effect today through 8 p.m. Thursday. Temperatures may reach 97 today with a heat index as high as 106, according to the National Weather Service forecast. (Photo by Mary Rupert)

The heat advisory is in effect today through 8 p.m. Thursday, according to the National Weather Service forecast.

Temperatures may reach 97 today with a heat index as high as 106, the weather service said.

The heat is expected to continue through the end of the week, with rain chances returning over the weekend, according to the weather service.

Residents should drink plenty of fluids, stay in an air-conditioned room, stay out of the sun and check up on relatives and neighbors, the weather service said. Young children and pets should never be left unattended in vehicles under any circumstances, according to the weather service.


Those who work outside or spend time outside should take extra precautions, the weather service said. When possible, reschedule strenuous activities to early morning or evening. Wear lightweight and loose-fitting clothing when possible.


To reduce risk from outdoor work, schedule frequent rest breaks in shaded or air-conditioned environments, according to the weather service. Anyone overcome by heat should be moved to a cool and shaded location. Heat stroke is an emergency and people may call 911.


Several cooling centers are listed on a Unified Government list at https://unifiedgov.maps.arcgis.com/apps/LocalPerspective/index.html?appid=05d96f432cd645f6a59512875df09d6b. The cooling centers include the Turner Recreation Commission, 831 S. 55th St., from 8 a.m. to 8:30 p.m.; the spray park at Heathwood Park, 10th and Parallel, from 9 a.m. to 9 p.m.; and the lobby of City Hall, 701 N. 7th St., from 8 a.m. to 5 p.m.

Today, it will be sunny and hot, with a high near 97 and heat index values as high as 106, the weather service said. A south wind will be 11 to 15 mph, with gusts as high as 26 mph.

Tonight, it will be mostly clear, with a low of 76 and a south wind of 7 to 11 mph, gusting as high as 23 mph, according to the weather service.

Wednesday, it will be sunny and hot, with a high near 97 and heat index values as high as 107, the weather service said. A south wind will be 5 to 9 mph.

Wednesday night, it will be mostly clear, with a low of 75 and a south southeast wind of 6 mph, according to the weather service.

Thursday, it will be sunny, with a high near 96 and a south wind of 5 to 9 mph, the weather service said.

Thursday night, it will be clear, with a low of 75, according to the weather service.

Friday, it will be sunny, with a high near 94, the weather service said.

Friday night, it will be mostly clear, with a low of 75, according to the weather service.

Saturday, it will be sunny, with a high near 92, the weather service said.

Saturday night, it will be mostly clear, with a low of 74, according to the weather service.

Sunday, there is a 30 percent chance of showers and thunderstorms, with a high near 90, the weather service said.

Sunday night, there is a 40 percent chance of showers and thunderstorms, with a low of 70, according to the weather service.

Monday, it will be partly sunny, with a high near 86, the weather service said.