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Kentucky Supreme Court rehears case dealing with targeted legislation, sparking debate over how far the ruling could reach

LRC Public Information

Kentucky's highest court is considering a dispute over state legislation that effectively singles out one region in the commonwealth. Arguments before the high court have suggested the ruling could have knock-on effects in Fayette County or elsewhere.

The bill in question is 2022's Senate Bill 1, a measure that's written to apply only to school superintendents in consolidated local governments, of which there is only one in the state. Jefferson County Public Schools argues that bill unlawfully targets them.

"Senate Bill 1 only applies to Jefferson County. It's only going to apply to Jefferson County for the foreseeable future," David Tachua, an attorney for the county's board of education, said during arguments.

But were the court to overturn SB 1, Solicitor General Matthew Kuhn told the justices it could call into question other legislation already on the books.

"If the court says, no, this is special legislation, there's a lot of laws that are going to be imperiled that have been passed to benefit consolidated local governments, urban-county governments," he countered.

That's where the argument touches on Fayette County's merged government, with Attorney General Russell Coleman claiming a ruling against SB 1 could spill over into services in Lexington. Opponents argue an adverse ruling would only impact JCPS.

If the court's history is any guide, ruling invalidating SB 1 would seem less likely. The court already heard the case last December and sided with Coleman and the General Assembly, but it agreed to rehear the case after the makeup of the bench changed.