Virginia G. Fox, Appellant v. Trey Grayson (in His Official Capacity as Secretary of State of the Commonwealth Of…

Summary

The Court held that Section 93 of the Kentucky Constitution, as amended in 1992, gives the Senate alone the constitutional authority to confirm gubernatorial appointees to inferior state offices and boards and commissions. Applying expressio unius to the limited and mutually exclusive confirmation alternatives, the Court concluded that the House could not be given a concurrent confirmation role by statute, making the bicameral requirement applicable to Fox's appointment invalid. The Court therefore reversed dismissal of Fox's complaint and remanded for further proceedings without deciding whether Fox was ultimately entitled to regain her seat. Justice Abramson concurred in the result but disagreed with the majority's treatment of legislative intent, while Justices Cunningham and Schroder would have upheld the bicameral confirmation requirement.