As delta surges, Kansas health officials retain power; challenge heads to Supreme Court

As COVID-19 cases resurge across the Midwest, Gov. Laura Kelly and local health officials will retain emergency powers curtailed by the Kansas Legislature this spring, after a Johnson County District judge declined Tuesday to set aside his ruling that the changes made by lawmakers were unconstitutional. Judge David Hauber rejected a request by Attorney General Derek Schmidt to stay enforcement of the July 15 ruling while the state pursues an appeal. It could be months before the Kansas Supreme Court issues a final ruling on the matter. In the meantime, Hauber’s ruling opens the way for Kelly to issue a new COVID-19 state of emergency. It also empowers local health officials to once again issue unilateral orders on business closures, capacity limits and masks. An appeals process allowing residents to challenge local health measures will be placed on hold.Source: Wichita Eagle