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Heckman said that though Newsom’s legal counsel asserted Executive Order N-67-20 was reportedly “withdrawn,” she found “there is no evidence that it has been formally rescinded and the Executive Order includes provisions controlling the election process for the Nov. 3, 2020 General Election, which were not superseded by subsequently enacted legislation.”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.

“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.”

  • Pottery shop says:

    Newsom has not displayed any concern for the well being of Californians. His agenda is motivated in greed, power, and control. He was taught well by his Aunt Pelosi.

  • jinny says:

    WHERE ARE THE BILLIONS OF $$$$$ WORTH OF MASKS FROM CHINA, THIS RAT FACED VERMIN USED OUR TAXPAYER $$$ TO PURCHASE WITHOUT THE OK FROM THE STATE? WHERE IS THE $$$$$