Please ensure Javascript is enabled for purposes of website accessibility
Judge Limits Newsom's Powers During Pandemic
gvw_ap_news
By Associated Press
Published 3 years ago on
November 2, 2020

Share

SACRAMENTO — A county judge on Monday preliminarily ordered Gov. Gavin Newsom to stop issuing directives related to the coronavirus that might interfere with state law.

Sutter County Superior Court Judge Sarah Heckman tentatively ruled that one of the dozens of executive orders Newsom has issued overstepped his authority and impinged on the state Legislature.

She more broadly barred him “from exercising any power under the California Emergency Services Act which amends, alters, or changes existing statutory law or makes new statutory law or legislative policy.”

It’s the second time a judge in the same county has reached the same conclusion, which runs counter to other state and federal court decisions backing the governor’s emergency powers. An appeals court quickly stayed the earlier order in June.

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.

Newsom Used His Emergency Powers to Virtually Shut Down the State and Its Economy

“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.”

Newsom used his emergency powers to virtually shut down the state and its economy in the early weeks of the pandemic.

“Nobody disputes that there are actions that should be taken to keep people safe during an emergency,” the lawmakers said. “But that doesn’t mean that we put our Constitution and free society on hold by centralizing all power in the hands of one man.”

Kiley compiled a 28-page list of Newsom’s orders that alter existing state laws, from halting evictions to how public meetings are conducted.

The governor also extended deadlines for businesses to renew licenses, file reports, or pay taxes; delayed consumers’ late fees for paying taxes or renewing drivers licenses; suspended school districts’ deadlines and instructional requirements; suspended medical privacy rules; and allowed grocery stores to hand out free single-use bags.

One order allowed couples to be married by video or teleconference, with marriage licenses and certificates digitally signed and sent by email.

Lawmakers of both political parties have criticized Newsom for not properly consulting with them before issuing sweeping orders and budget decisions.

RELATED TOPICS:

DON'T MISS

What Did State Supreme Court Decide on Defamation Suit Against Assemblymember Soria?

DON'T MISS

Two Months to Count Election Ballots? California’s Long Tallies Turn Election Day Into Weeks, Months

DON'T MISS

Pennsylvania Nurse Who Gave Patients Lethal or Possibly Lethal Insulin Doses Gets Life in Prison

DON'T MISS

Merced’s Treacherous ‘Tunnel Lane’ Removed from Northbound Highway 99

DON'T MISS

US Employers Scaled Back Hiring in April. How That Could Let the Fed Cut Interest Rates

DON'T MISS

Bulldog Football Outlook: More Explosive Offense, a Potential Game-Wrecker on Defense

DON'T MISS

Over 2,300 Arrested in Pro-Palestinian Protests

DON'T MISS

See How Valley Lawmakers Voted on a Bill That Chills Free Speech

DON'T MISS

Meet Goldie Hawn: The Adorable Yorkie with a Heart of Gold

DON'T MISS

Police Investigating Possible Vandalism at Jewish Temple, Catholic Church

UP NEXT

Merced’s Treacherous ‘Tunnel Lane’ Removed from Northbound Highway 99

UP NEXT

DEA’s Marijuana Reclassification Could Revive California’s Struggling Pot Industry

UP NEXT

US Airstrike Targeting Al-Qaida Leader in Syria Killed a Farmer, American Military Says

UP NEXT

Californians Are Protecting Themselves from Wildfire. Why Is There an Insurance Crisis?

UP NEXT

Biden Says ‘Order Must Prevail’ on Campuses, but He Won’t Send National Guard

UP NEXT

Police Dismantle UCLA Tent Camp, Take Pro-Palestinian Protesters Into Custody

UP NEXT

Fresno State’s Randa Jarrar Dragged Out of Event Featuring Big Bang Theory’s Mayim Bialik

UP NEXT

Biden’s Historic Marijuana Shift Is His Latest Election Year Move for Young Voters

UP NEXT

What Marijuana Reclassification Means for the United States

UP NEXT

Rep. Marjorie Taylor Greene Vows to Force a Vote on Ousting House Speaker Mike Johnson

Merced’s Treacherous ‘Tunnel Lane’ Removed from Northbound Highway 99

2 hours ago

US Employers Scaled Back Hiring in April. How That Could Let the Fed Cut Interest Rates

2 hours ago

Bulldog Football Outlook: More Explosive Offense, a Potential Game-Wrecker on Defense

2 hours ago

Over 2,300 Arrested in Pro-Palestinian Protests

3 hours ago

See How Valley Lawmakers Voted on a Bill That Chills Free Speech

5 hours ago

Meet Goldie Hawn: The Adorable Yorkie with a Heart of Gold

6 hours ago

Police Investigating Possible Vandalism at Jewish Temple, Catholic Church

16 hours ago

Valley PBS’ Top 2 Executives Departing. Were Their Resignations a Surprise?

Entertainment /

19 hours ago

Unfiltered Clip: Insights from Dr. Trita Parsi on Navigating the Israel-Palestine Conflict

Video /

19 hours ago

Hamas Is Sending a Delegation to Egypt for Further Cease-Fire Talks in the Latest Sign of Progress

20 hours ago

What Did State Supreme Court Decide on Defamation Suit Against Assemblymember Soria?

The California Supreme Court denied an appeal from Assemblymember Esmeralda Soria, who is defending herself from a defamation lawsuit by a F...

2 mins ago

2 mins ago

What Did State Supreme Court Decide on Defamation Suit Against Assemblymember Soria?

1 hour ago

Two Months to Count Election Ballots? California’s Long Tallies Turn Election Day Into Weeks, Months

1 hour ago

Pennsylvania Nurse Who Gave Patients Lethal or Possibly Lethal Insulin Doses Gets Life in Prison

2 hours ago

Merced’s Treacherous ‘Tunnel Lane’ Removed from Northbound Highway 99

2 hours ago

US Employers Scaled Back Hiring in April. How That Could Let the Fed Cut Interest Rates

2 hours ago

Bulldog Football Outlook: More Explosive Offense, a Potential Game-Wrecker on Defense

3 hours ago

Over 2,300 Arrested in Pro-Palestinian Protests

5 hours ago

See How Valley Lawmakers Voted on a Bill That Chills Free Speech

MENU

CONNECT WITH US

Search

Send this to a friend