The U.S. Supreme Court on Thursday declined a request to block Gov. Andy Beshear’s order that suspended in-person classes at private and public schools across the state, in part because of timing.
“Under all of the circumstances, especially the timing and the impending expiration of the order, we deny the application without prejudice to the applicants or other parties seeking a new preliminary injunction if the governor issues a school-closing order that applies in the new year,” according to the ruling.
Justices Samuel Alito and Neil Gorsuch dissented.
The ruling was in response to an emergency request made by state Attorney General Daniel Cameron and private religious schools seeking to return to in-person instruction despite Beshear’s order.
Cameron and Danville Christian Academy filed a lawsuit last arguing that religious schools were being treated unfairly. A district court judge issued a preliminary injunction against Besehar’s order, but a federal appeals court allowed his order to remain in effect.
On Dec. 2, Cameron filed an emergency application with the Supreme Court, asking them to reinstate the ruling by the federal district court judge.
In his dissent, Alito said the decision to deny the application was largely due to timing.
“While I do not agree with the Court’s denial of the applicants’ request for emergency relief, no one should misinterpret that denial as signifying approval of the Sixth Circuit’s decision,” Alito wrote. “At this point, just a few school days remain before the beginning of many schools’ holiday break, and the executive order in question will expire before classes would normally begin next year. The Court is therefore reluctant to grant relief that, at this point, would have little practical effect.”
Cameron could make another request with the Supreme Court if Beshear suspends in-person classes to begin in the new year.
However, Beshear announced Monday that schools — even those in Red Zone counties — can resume some form of in-person instruction starting Jan. 4.
During Thursday’s news conference, Beshear said, “In no way were religious schools treated any differently. We asked everybody to make the same sacrifice.”
