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State Supreme Court Holds Hearings on Kansas Emergency Management Act
Scales of Justice (Oct. 28, 2021) – On Tuesday, the Kansas State Supreme Court held a hearing on Senate Bill 40. The legislation passed during the 2021 session provided new legal recourse for health-related orders issued by local governments and school districts. The courts intervened when a complaint was brought against a school district through the Johnson County courts. A district court in Johnson County questioned the law's constitutionality related to timelines for judicial review. While questions from the justices centered around the ability of the legislature to set judicial timelines, they also questioned why the parties in the lawsuit did not challenge constitutionality but rather why the argument was introduced by the lower courts. The court ruling on the matter is likely to come this fall.