A Northern California state judge is siding with two GOP assemblymen and issuing an order against Governor Gavin Newsom. Judge Sarah Heckman ruled that one of Newsom’s executive orders related to the COVID-19 pandemic is unconstitutional. It deals with election procedures. The Republican state lawmakers successfully argued that the governor cannot alter current laws without the legislature’s approval. The ruling does not impact current voting or lockdowns. It does require the governor to get approval from lawmakers before making changes to existing laws.
Kevin Tripp, TTWN NEWS
This is directly from the court’s opinion
The plain language of Section 8567 only allows the Govemor to “make, amend, and rescind orders and regulations.” Clearly the legislature understands the distinction between an order orregulation on the one hand, and a statute on the other. Section 8567 does not empower to Govemor to make or amend statutes. The plain language of Section 8571 empowers the Govemor 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.” The term “statute” is used in this section, but the section only authorizes the Govemor to suspend certain statutes, not to amend any statutes or create new ones
The Court finds good cause to issue a permanent injunction consistent with the request set forth in paragraph 2l of plaintiffs’ complaint (Def. Ex. l), as follows:8 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.
Read it HERE:
https://www.suttercourts.com/sites/default/files/press_releases/Gallagher%20and%20Kiley%20v.%20Newsom.pdf?fbclid=IwAR3IFtoCj0OMacgoZu8QcxnnqUi1fGa1__9DjOXG9TC_IjAk42D1Mcs_17E