Kraus v. Kentucky State Senate

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “members of the General Assembly are not immune from declaratory judgment relief simply because they are acting in their official capacities”
• one hundred years of practice and history supporting senate confirmation of gubernatorial appointees lends to conclusion that separation of powers doctrine is not violated thereby, at least as regards statutorily created board
• dissenting opinion of Justice Lambert, joined by Justice Combs
• dissenting opinion of Justice Lambert, joined by Justice Combs
• speech or debate clause extends to voting on executive appointments

Source: CourtListener parenthetical corpus (CC0).

Cited by

15 cases in this archive cite this case.

• Fox v. Grayson
  Kentucky Supreme Court· 2010-04-22· cited 225×
• Benet v. Commonwealth
  Kentucky Supreme Court· 2008-05-22· cited 72×
• Prater v. Commonwealth
  Kentucky Supreme Court· 2002-09-24· cited 25×
• Jones v. Board of Trustees
  Kentucky Supreme Court· 1995-11-22· cited 20×
• J.N.R. v. O'Reilly
  Kentucky Supreme Court· 2008-04-24· cited 15×
• Interactive Gaming Council v. Commonwealth ex rel. Brown
  Court of Appeals of Kentucky· 2014-02-21· cited 12×
• Smith v. Martin
  Court of Appeals of Kentucky· 2011-02-04· cited 11×
• Romero v. Administrative Office of the Courts
  Kentucky Supreme Court· 2005-03-21· cited 5×
• Delahanty v. Commonwealth Ex Rel. Maze
  Court of Appeals of Kentucky· 2009-07-31· cited 4×
• Petition Committee ex rel. Belhasen v. Board of Education of Johnson County
  Court of Appeals of Kentucky· 2016-06-24· cited 4×
• Schroering v. McKinney
  Kentucky Supreme Court· 1995-09-21· cited 3×
• In Re: The 35th Legislature of V.I.
  Supreme Court of The Virgin Islands· 2024-03-22· cited 1×
• Opinion No.
  Arkansas Attorney General Reports· 2003-04-03
• Arthur West, V. Washington State Legislature
  Court of Appeals of Washington· 2026-02-24
• Andy Beshear, in His Official Capacity as Governor v. Jonathan Shell, in His Official Capacity as Commissioner of the Department of Agriculture
  Kentucky Supreme Court· 2026-06-25

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

• Will v. Michigan Department of State Police
  Supreme Court· 1989-06-15· cited 14,197×
• Hafer v. Melo
  Supreme Court· 1991-11-05· cited 4,063×
• Tenney v. Brandhove
  Supreme Court· 1951-05-21· cited 1,470×
• Rose v. Council for Better Education, Inc.
  Kentucky Supreme Court· 1989-09-28· cited 284×
• Legislative Research Commission Ex Rel. Prather v. Brown
  Kentucky Supreme Court· 1984-03-01· cited 134×
• Philpot v. Patton
  Kentucky Supreme Court· 1992-09-24· cited 70×
• Sibert v. Garrett
  Court of Appeals of Kentucky· 1922-12-15· cited 53×
• HealthAmerica Corp. of Kentucky v. Humana Health Plan, Inc.
  Kentucky Supreme Court· 1985-07-03· cited 38×
• Winn v. First Bank of Irvington
  Court of Appeals of Kentucky· 1978-12-08· cited 35×
• Sewell v. Bennett
  Court of Appeals of Kentucky· 1920-04-16· cited 30×
• McChesney v. Sampson, Governor
  Court of Appeals of Kentucky (pre-1976)· 1930-01-17· cited 29×
• Akers v. Floyd County Fiscal Court
  Kentucky Supreme Court· 1977-09-16· cited 21×
• Johnson v. Laffoon
  Court of Appeals of Kentucky (pre-1976)· 1934-11-13· cited 20×
• Weil v. B. E. Buffaloe & Co.
  Court of Appeals of Kentucky (pre-1976)· 1933-06-23· cited 18×
• Jefferson County Police Merit Board v. Bilyeu
  Kentucky Supreme Court· 1982-06-15· cited 18×
• Kentucky Ass'n of Realtors, Inc. v. Musselman
  Kentucky Supreme Court· 1991-08-29· cited 13×
• Wiggins v. Stuart
  Court of Appeals of Kentucky· 1984-06-22· cited 11×
• Commonwealth v. Crow
  Court of Appeals of Kentucky (pre-1976)· 1936-03-17· cited 9×
• Bell v. Sampson, Governor
  Court of Appeals of Kentucky (pre-1976)· 1930-01-17· cited 8×
• Coleman, Auditor v. Mulligan
  Court of Appeals of Kentucky (pre-1976)· 1930-06-06· cited 7×