A judge in California ruled Monday that Democratic Gov. Gavin Newsom has overstepped his bounds with his coronavirus executive orders and invalidated one of them pertaining to Tuesday’s election.
The Associated Press reported that Sutter County Superior Court Judge Sarah Heckman issued a preliminary ruling against Newsom that bars him from creating more directives under the California Emergency Services Act that could construct new or amend current laws, stating one of his orders especially did not protect individuals with disabilities or those with limited command of the English language.
According to Heckman’s order in the case of James Gallagher and Kevin Kiley vs. Gavin Newsom, the judge sided with the plaintiffs — California Republican assemblymen — offering them declaratory and injunctive reliefs specifically for Executive Order N-67-20, which Newsom signed on June 3.
“It’s the second time a judge in the county has reached the same conclusion, which runs counter to other state and federal court decisions backing the governor’s emergency powers,” the AP reported. “An appeals court quickly stayed the earlier order in June.”
Heckman said that though Newsom’s legal counsel asserted Executive Order N-67-20 was reportedly “withdrawn,” she found “there is no evidence that it has been formally rescinded and the Executive Order includes provisions controlling the election process for the Nov. 3, 2020 General Election, which were not superseded by subsequently enacted legislation.”
As part of her declaratory relief for the plaintiffs, Heckman called Executive Order N-67-20 “void as an unconstitutional exercise of the legislative power and shall be of no further force or effect.”
The injunctive relief, the judge explained, was “tentative” and would convert to a “statement of decision” in 10 days if not appealed.
“Gavin Newsom, in his official capacity as Governor of the State of California, is enjoined and prohibited from exercising any power under the California Emergency Services Act (Government Code 8550 et seq.), which amends, alters or changes existing statutory law or makes new statutory law or legislative policy,” Heckman wrote.
“This is a victory for separation of powers,” Gallagher and Kiley said in a joint statement.
In Tentative Ruling, Court Declares Governor’s Abuse of Power Unconstitutional pic.twitter.com/t5fNQdbTXh
— James Gallagher (@J_GallagherAD3) November 2, 2020
“Newsom ‘has continued to create and change state law without public input and without the deliberative process provided by the Legislature,’” they said.
Gallagher said Monday on Twitter that the ruling is “about respecting that balance of power and the fundamental separation of powers that is fundamental to our system of government.”
Newsom press secretary Jesse Melgar said in a statement that the administration “strongly” disagreed with “specific limitations the ruling places on the exercise” of the governor’s emergency authority and was considering whether to appeal, Politico reported.
“The tentative ruling makes clear that the Governor’s statutory emergency authority is broad, and constitutional, and that the Governor has the authority, necessary in emergencies, to suspend statutes and issue orders to protect Californians,” Melgar said. “Additionally, this ruling has absolutely no effect whatsoever on the current election.”
This is an excerpt from The Western Journal. For the full version, click here.