Bevin cited an opinion from former Democratic Attorney General Jack Conway, issued in September, that says the governor does have the authority to reorganize the board. That opinion was issued on whether state law required the board of trustees to reflect the racial composition of the state as a whole.
Beshear is trying to block Bevin's order in court. In a written statement, Beshear pointed out Conway's comments last week that Bevin was on "shaky legal ground." Beshear said a judge asked both sides to work together on this issue, saying "this is not a good start by the governor."