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(Update) Kentucky Supreme Court Rules Bevin Cannot Cut University Budgets

ktsdesign, 123rf Stock Photo

Update: Governor Matt Bevin responds. Also updated with statement from Murray State University.

Kentucky's highest court says Governor Matt Bevin cannot cut the budgets of public colleges and universities without the approval of the state legislature.

The 5-2 ruling by the state Supreme Court reverses a lower court ruling that said Bevin had the authority to order public colleges and universities not to spend all of the money the state legislature gave them. Attorney General Andy Beshear appealed, arguing Bevin's order was illegal.

A majority of the court agreed on Thursday, saying Bevin does not have that authority.

The ruling is a victory for Beshear, who has sued Bevin three times so far questioning the extent of the governor's power. Last month, Bevin said on a Louisville radio show that Beshear "will lose every one of these cases."

Beshear's Full Statement:

“Today, the Supreme Court enforced Kentucky law, reminding us that “the governor, like everyone, is bound by the law.” Based on today’s ruling, I am calling on Gov. Bevin to immediately release the $18 million he wrongfully withheld from our public colleges and universities. As the court stated, it is my job as Attorney General “to vindicate the public rights of the people of the Commonwealth,” and I will continue to do so. I am also calling on the governor’s office to use today’s ruling as a turning point. It is time for him to stop attacking, and to instead join me in building a better Kentucky. We live in a state where far too many of our children are abused. Our seniors face daily scams that seek to rob them of their hard-earned savings. Thousands of victims of sexual assault have been denied justice based on our rape kit backlog. And our communities face the most deadly drug epidemic imaginable. These are the problems Kentuckians expect us to address, and they are problems that all of us – democrats, republicans or independents – can address together. So I would hope that after today, the nasty press releases and name-calling stop, and the governor joins us for the real work that needs to be done to help Kentucky families.”

Statement from House Speaker Greg Stumbo:

“I predict today’s decision is the first of what will be a series of Kentucky Supreme Court rulings against Governor Bevin’s illegal actions.  The court’s opinion strongly re-confirms the legislature’s spending authority as the constitution’s framers intended, and it gives our public postsecondary schools and our college students the money they should have had all along.  While I am certainly pleased about the overall ruling, I am worried about the effect it will  have on legislative standing in future cases.  I think legislators should have the right to join cases where constitutional matters are in question.”

Stumbo's office later added: “This case really wasn't about winning or losing. It was about clarifying the law, and I think the Supreme Court made the right decision according to law.”

Statement from Governor Matt Bevin:

"We are disappointed in the Court’s decision today and strongly disagree with its reasoning. The Attorney General clearly does not understand the severity of the pension problem which became the nation's worst funded plan under the watch of his father's administration. Today’s ruling only affects $18 million of the universities’ overall budgets which is 0.0027 of their annual $6.6 billion expenditures. Nonetheless, we have to be vigilant about every taxpayer dollar spent if we are going to solve our pension crisis. The Commonwealth’s public universities have thousands of employees who participate in our pension system and, having such a large stake, should be part of the solution to fix the state’s $35 billion underfunded pension liability. Gov. Bevin recognizes that preserving our retirement systems for state workers and retirees is both a legal and moral obligation. We remain determined to fix Kentucky’s pension crisis, no matter the opposition. This administration will continue to use every available tool to solve our pressing financial problem."

Statement from Murray State University:

"Today’s Kentucky Supreme Court decision represents a sum of $960,000 that was included in the previous fiscal year’s appropriation for Murray State University, but rescinded from the final quarterly allotment. As we do with all state funds, if these funds are released, the monies will be used to advance the rigor, relevance and excellence of our academic programs for the benefit of our students.”

This story will be updated.

Matt Markgraf joined the WKMS team as a student in January 2007. He's served in a variety of roles over the years: as News Director March 2016-September 2019 and previously as the New Media & Promotions Coordinator beginning in 2011. Prior to that, he was a graduate and undergraduate assistant. He is currently the host of the international music show Imported on Sunday nights at 10 p.m.
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