California Gov. Gavin Newsom (D-PrivateJet) was Whitmered in spectacular fashion by a Sutter County Superior Court Judge in a just-released ruling; an Executive Order Newsom issued June 3 that amended sections of the state’s Elections Code was declared unconstitutional and a permanent injunction has been issued, barring Newsom from issuing additional Executive Orders that amend, change, alter, or create new statutory law or legislative policy.
As we previously reported, Newsom was sued by two Republican Assemblymembers, Kevin Kiley and James Gallagher over his one-man rule. A trial was held October 21, and Judge Sarah H. Heckman issued her tentative decision today.
Asm. Kiley tweeted out the good news:
In the 9-page ruling, the Court found that the cause was not moot, as Newsom’s attorneys had argued; that the California Emergency Services Act (CESA) is not unconstitutional, in part because it does not “delegate to the Governor the power to legislate”; that Newsom’s Executive Order N-67-20 regarding the November 2020 general election was not authorized by CESA because it amended sections of the Elections Code; and that Plaintiffs are entitled to both declaratory and injunctive relief.
Regarding the CESA, the Court had this to say:
The plain meaning of the CESA does not delegate to the Governor the power to legislate, and therefore does not violate the separation of powers under Califomia Constitution Article Three, Section 3. Article Three of the CESA (Gov’t Code $8565 -8574) enumerates the powers of the Governor during a declared state of emergency.
But, the Court found that according to the plain language in Sections 8567 and 8571 of CESA limits the Governor’s power, only allowing him to “make, amend, and rescind orders and regulations” and to “suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules or regulations of any state agency.” Read Full Article >