The battle continues in Kentucky over Governor Andrew Beshear's COVID-19 Order that prohibits in-person instruction at all public and private elementary and secondary schools. In a suit by Danville Christian Academy-- backed by Kentucky's Attorney General-- the federal district court enjoined the enforcement of the Order against private religious schools which follow other public health guidelines. Last Sunday, the U.S. 6th Circuit Court of Appeals stayed, pending appeal, the district court's preliminary injunction. (See prior posting.) Yesterday the school filed an emergency application with the U.S. Supreme Court asking it to stay the 6th Circuit's order and allow the district court's injunction to go into effect. (Full text of Emergency Application in Danville Christian Academy, Inc. v. Beshear, (Sup. Ct., filed 11/30/20). In accordance with Supreme Court practice, the emergency application was filed with the Justice assigned to the 6th Circuit (Justice Kavanaugh), who may either rule on it or refer it to the full Court. First Liberty issued a press release announcing the filing of the application.
