Appointments to the ethics commission and the state fair board were at the heart of the arguments — with solicitor general Matthew Kuhn and Travis Mayo, an attorney representing Gov. Andy Beshear, painting contrasting pictures of who holds the authority to appoint members.
"To cut to the chase, Kentucky is not a unilateral executive in which all power must flow through the governor," Kuhn said.
Countering that characterization, Mayo told the court that "the General Assembly cannot pick and choose what officer has the supreme executive power."
The questions stem from laws passed during Beshear's time in office that have sought to limit the governor's reach — moves that proponents say are reasonable and fall within the purview of the GOP-dominated legislature and opponents describe as a "power grab."
Justice Angela McCormick Bisig identified the laws the court is attempting to reconcile.
"Indeed, the legislature should have the ability to make appointments to these boards and commissions. My question is... we have to balance that with Section 69 and 81 that make the governor the supreme executive and that task the governor with effectuating our laws," she said.
With the Capitol building in Frankfort now shuttered for renovations, the court conducted the hearing at the University of Kentucky's Rosenberg College of Law. Future hearings are set to take place at other locations in the state.
As for the boards and commissions cases, the court will render opinions on a future date.