Judge Rules Against Tyrannical California Governor on COVID Orders
Finally! California is doing something to stop the radical, irrational, and unconstitutional orders that Governor Gavin Newsom has ordered since the start of the coronavirus pandemic.
It’s no secret to us who still have common sense that many of these orders have far extended past his authority. That’s why the judge found it fitting to strike down one of the orders, but also restrained him from issuing any more unconstitutional orders.
A Northern California county judge on Monday preliminarily ordered Gov. Gavin Newsom to stop issuing directives related to the coronavirus that might interfere with state law.
[Judge] Heckman’s decision will become final in 10 days unless Newsom’s attorneys can raise new challenges. Newsom did not immediately comment or say if he will appeal.
The case centers on a single Newsom executive order in June requiring election officials to establish hundreds of locations statewide where voters can cast ballots in the November election. But lawmakers subsequently approved the same requirement, and the judge’s decision will have no effect on Tuesday’s election.
She acted in a lawsuit brought by Republican Assemblymen James Gallagher and Kevin Kiley, who said Newsom, a Democrat, was single-handedly overriding state laws in the name of keeping Californians safe.
“This is a victory for separation of powers,” the lawmakers 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.”
Heckman wrote in a nine-page decision that the California Emergency Services Act “does not permit the Governor to amend statutes or make new statutes. The Governor does not have the power or authority to assume the Legislature’s role of creating legislative policy and enactments.”
The Judge has ruled in our case against Gavin Newsom. We won. The Judge found good cause to issue a permanent injunction restraining the Governor from issuing further unconstitutional orders.
— Kevin Kiley (@KevinKileyCA) November 2, 2020
Here is a video from Assemblyman Kevin Kiley in which he explains the ruling that the judge made against Gov. Newsom:
To me, it seems absurd on the face of it to say that Gov. Newsom has a permanent injunction which restrains him from issuing any further unconstitutional orders because it shouldn’t be done in the first place. I’m assuming by doing this though, they may have a better leg to stand on against the Governor if he does it again.