A Sutter County judge on Friday ruled that Gov. Gavin Newsom is prevented from issuing any executive orders that change any current laws or unilaterally create new ones, even during a state of emergency.
The final ruling from Sutter County Superior Court Judge Sarah Heckman applies a permanent injunction against the governor that bars him “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.”
The ruling came in response to a lawsuit filed by Assemblyman Kevin Kiley (R-6), and fellow legislator, James Gallagher (R-3). The judge’s initial ruling issuing a permanent injunction came on Nov. 2, after which the governor asked for a minimum two-week delay in enforcement. The judge’s final ruling denied that request.
“It sends a message that the California governor is not above the law, that we still need to abide by checks and balances,” Kiley told the Northern California Record. “He needs to stick to the powers that are given to the executive branch under the constitution and to stop usurping the powers of the legislative branch.”
Newsom has issued more than 50 executive orders during the pandemic, and any appearing legally suspect are now being evaluated.
The governor’s press office did not reply to a request for comment from the Record.
“I was very happy with how [the ruling] came out but not surprised, because the legal arguments were very clear, the governor’s position was indefensible,” Kiley said.
Newsom’s recently announced county reopening rollbacks exemplify policy enacted without appropriate legislative input, Kiley said.
“The whole tier system is not well-suited to many areas in the state and they have not had any say in it,” Kiley said. “If we are going to have some system like this, it should be worked out in the legislature instead the governor just coming up with it and enforcing it.”
There is no reason the legislature can’t meet, Kiley added.
“The legislature can meet with appropriate protocols,” Kiley said. “I think we should stick around and have a special session, but the governor has not called for that.”
Following Judge Heckman’s final ruling, the case is expected to go to appeal, Kiley said.