California Governor Gavin Newsom was recently put in his place by a Supreme Court judge on Monday.
Superior Court Judge Sarah Heckman from Sutter County barred Newsom from making new laws concerning the coronavirus that use the “California Emergency Services Act [which] amends, alters, or changes existing statutory law or makes new statutory law or legislative policy.”
The decision was made on Monday afternoon, and it forbade Newsom from exercising a “one-man rule.”
The assessment was also made by California State Assemblyman Kevin Kiley, who said, “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.”
The court’s decision was met with delight by the people who were tired of the governor’s diktats — including the legislators who brought the lawsuit.
The lawsuit focused on one of Newsom’s diktats from June. This specific diktat rewrote the laws on holding elections, which the legislature adopted. Although the court ruling was too late for Tuesday’s election and doesn’t apply because the legislature ratified Newsom’s diktat, the court reminded the California governor that he can’t rewrite the law even under emergency powers.
Newsom tried to have the lawsuit invalidated, but the judge issued a permanent injunction.
Assemblyman James Gallagher said the ruling was a victory for the separation of powers.
According to Gallagher and Assemblyman Kevin Kiley, the governor assigned to himself the job of making laws, which is the job of the legislature, which has taken a back seat during COVID.
Assemblyman Kiley kept a tally of all laws the governor had changed under the use of his emergency COVID powers without the legislature. They included extending “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…”
Newsom also used the coronavirus to allow grocery stores to hand out free single-use bags and to allow couples to be officially married online with digitally signed documents.
He appealed the last ruling, but again got rejected on Monday. The judge this time said that the California Emergency Services Act is constitutional, but the governor can’t be a dictator.