Kaplan Hecker & Fink LLP Files Supreme Court Brief Supporting the Constitutionality of Public Health Measures in Kentucky

On December 4, 2020, Kaplan Hecker & Fink LLP filed a brief in the U.S. Supreme Court on behalf of Governor of Kentucky Andy Beshear opposing an emergency application for relief in Danville Christian Academy v. Beshear. This brief defends the constitutionality of Governor Beshear’s public health order ceasing in-person instruction at all K-12 schools in Kentucky for a matter of weeks to help stop the spread of COVID-19. Plaintiff Danville Christian Academy, joined by Attorney General of Kentucky Daniel Cameron, claim that Governor Beshear’s order violated their right to free religious exercise. But as Kaplan Hecker & Fink LLP explains in its brief on behalf of Governor Beshear, his order is facially neutral with respect to religion, involves no religious hostility or targeting, and reflects a reasoned public health judgment that in-person K-12 education poses unique risks over the next five weeks (amid Kentucky's third spike in COVID-19 cases and deaths). 

Kaplan Hecker & Fink LLP lawyers Joshua Matz, Raymond Tolentino, Talia Nissimyan, Marcella Coburn, and Harmann Singh worked on Governor Beshear's brief.  

You can read the brief here.