National Roundup

Kentucky
High court hears case challenging coronavirus orders from gov.
FRANKFORT, Ky. (AP) — Kentucky's Supreme Court heard arguments Thursday in a case testing the legality of Gov. Andy Beshear's orders to control the coronavirus outbreak with restrictions on public behavior.

Beshear's general counsel, La Tasha Buckner, called the legal challenge an "unprecedented" maneuver seeking to "gut the governor's ability to take action in emergencies."

"Their claims seek to wipe out the health requirements related to coronavirus while coronavirus is still ongoing," Buckner said.

State Solicitor General Chad Meredith countered that Beshear has "unilaterally created his own legal code" with his orders. The case pits the Democratic governor against Republican Attorney General Daniel Cameron, who joined in challenging the actions.

"For going on seven months now, the governor has been issuing executive orders to control breathtaking aspects of the citizen's private lives in Kentucky," he said. "Over 800 pages of executive orders and memoranda. And they keep coming."

Beshear should follow another course to combat the virus -- issuing administrative regulations that involve public input, he said.

Buckner said the governor has authority under state law to take executive actions in response to the health emergency that's claimed the lives of more than 1,000 Kentuckians.

It's not known how long it will take the Supreme Court to rule in the case.

South Dakota
COVID-19 outbreak reported at women's prison
SIOUX FALLS, S.D. (AP) — More than 100 inmates have tested positive at a minimum-security women's prison in Pierre, according to the Department of Corrections.

Mass testing of inmates resulted in the Department of Corrections finding 102 active cases, according to an update released late Wednesday. There are 140 women held at the prison, according to an Aug. 31 count. Four staff members have also tested positive, with one fully recovered.

Michael Winder, a spokesman for the Department of Corrections, said in an emailed statement that the prison has placed people with infections into isolation. He said all inmates are required to wear masks and staff at the prison are taking extra precautions for hand washing and sanitizing.

Winder did not immediately respond to a question on how the inmates are being isolated.

The outbreak at the prison contributed to state health officials reporting one of the highest one-day tallies for new cases on Thursday, with 395 people testing positive statewide. Officials also reported the death of a woman in her 60s from COVID-19, bringing the state's toll to 193.

The rolling average number of daily new cases statewide has decreased over the last two weeks by nearly 102. But South Dakota still ranked second in the country for the most new cases per capita during that time with roughly 373 per 100,000 people, according to data from Johns Hopkins researchers.

The seven-day average positivity for tests is roughly 15%, an indicator that there could be more infections than tests are showing, according to the COVID Tracking Project.

The number of new unemployment filed in the state has significantly decreased, according to the latest information from the state's Department of Labor and Regulation. A total of 346 new claims for unemployment benefits were processed between Sept. 6 and 12. A total of 6,511 people in South Dakota were receiving unemployment when the U.S. Employment and Training Administration released the last count on Sept. 5.

Oklahoma
State Supreme Court denies hearing on tribal compacts
OKLAHOMA CITY (AP) — The Oklahoma Supreme Court rejected Gov. Kevin Stitt's attempt for another hearing regarding the court's earlier ruling that deemed the state's tribal gaming compacts with two Native American tribes invalid.

The high court Monday voted 5-1 to deny the rehearing. In July, the court determined Stitt's compacts with the Comanche Nation and Otoe-Missouria Tribe were not valid because the Republican governor overstepped his authority by trying to greenlight sports betting and house-banked card and table games. The ruling also concluded that state law prohibits those types of games.

The governor requested the rehearing so the high court could clarify whether parts of the compacts that do not conflict with state law remain valid and explain his authority in entering cooperative agreements with sovereign tribes.

But the court denied the hearing without comment, with Justice M. John Kane IV dissenting and Justices Tom Colbert and James Edmondson recusing from the decision, the Oklahoman reported  Wednesday.

"This denial of a rehearing further underscores that Gov. Stitt's go-it-alone approach is not legal nor helpful in moving state-tribal relationships forward," Matthew L. Morgan, chairman of the Oklahoma Indian Gaming Association, said in a statement.

The state Supreme Court ruling that decided the tribal compacts were invalid stemmed from a lawsuit filed against Stitt by state's top Republican leaders, Senate President Pro Tem Greg Treat and House Speaker Charles McCall.

Meanwhile, the governor's office said the state Supreme Court doesn't have the final say, adding that a Washington, D.C., federal court is handling the case.

"The ruling in that case will determine the validity of the compacts under federal law," said Baylee Lakey, the governor's communications director.