Marsy’s Law returns to Kentucky Supreme Court for ruling
FRANKFORT, Ky. (WKYT) - Marcy’s law, which has been passed by Kentucky voters twice, is back before the Kentucky supreme court Thursday morning.
Both sides made their cases and took plenty of questions from the justices as to how Marcy’s law fits into the established laws of Kentucky. The prosecutors said that Marcy’s Law didn’t pass the steps to even get on the ballot, while the defense argued that their opponents didn’t have a case.
“This will be the second time that the people have voted on something that did not exist as a matter of law,” said David Niehaus, prosecution.
“If there is not an injury in fact, which there is not here this is just a generalized grievance,” said Matthew Franklin Kuhn, defense attorney. “This court’s judicial power has not been implicated and I think the court has to do what it did, which is to remand with directions to dismiss for lack of standing.”
This is not the first time that Marcy’s Law has come under scrutiny in the commonwealth.
The law itself gives rights to the victims of crimes, such as being notified of any hearings for a suspect and the ability to speak at any hearing like a plea, release, or sentencing hearing.
Opponents of Marcy’s law say that the law itself is unfair to the defendants and creates more of an uphill battle for them.
Marcy’s Law was originally struck down by the Kentucky Supreme Court after it was first passed.
The justices ruled that the wording was too vague on the ballot, but a revised version of the bill was passed again by Kentucky voters. This suit alleges that the General Assembly didn’t follow the necessary steps to get the measure back on the ballots.
“This is a special case and it’s nothing more than going down a checklist,” said Niehaus.
“This court has told us in a trio of opinions how seriously it’s taking constitutional standing, and I would urge the court not to write an exception for all election cases into this,” said Kuhn.
The justices listened to about an hour of arguments this morning, but they have yet to make a ruling.
We will continue to follow this case as it moves forward.
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