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Judge Limits California Governor’s Emergency Rule-Making

So…. Newsom isn’t King after all?

source: SFGate

SACRAMENTO, Calif. (AP) — A California judge on Friday sided with Republican legislators who said Gov. Gavin Newsom overstepped his powers with dozens of emergency orders during the coronavirus crisis that changed everything from how public meetings are conducted to when tenants can be evicted.

Sutter County Superior Court Judge Perry Parker only halted one of the orders, involving the November election, but ordered Newsom to refrain from new orders that might be interpreted as usurping the Legislature’s responsibilities.

The judge appeared to adopt without changes a proposed order submitted to him by GOP Assemblymen James Gallagher and Kevin Kiley, who challenged the election order.

Parker barred Newsom “from further exercising any legislative powers in violation of the California Constitution and applicable statute, specifically from unilaterally amending, altering, or changing existing statutory law or making new statutory law.” He scheduled a hearing for June 26 to consider issuing a preliminary injunction.

“This is a victory for separation of powers………The governor has continued to brazenly legislate by fiat without public input and without the deliberative process provided by the Legislature. Today the judicial branch finally gave him the check that was needed and that the Constitution requires.”

James Gallagher and Kevin Kiley
California GOP Assemblymen

The state attorney general’s office referred questions to the governor’s office because he is their client in the case.

“We are disappointed in this initial ruling and look forward to the opportunity to brief the Court on the issues.”

 Jesse Melgar
Newsom Spokesman

Newsom broadly and repeatedly used his executive and emergency authority during the first weeks of the pandemic to virtually shut down the state and its economy. He’s had the backing of federal and state courts that have blocked previous challenges to his efforts to slow the spread of the coronavirus.

Judge limits California governor’s emergency rule-making

Calamity Jane

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