Judge Rules CA Gov Overstepped His Authority with Covid Order, Issues Permanent Injunction Restraining Newsom From Further Issuing Unconstitutional Orders

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.

— Kevin Kiley (@KevinKileyCA) November 2, 2020

Judge Rules CA Gov Overstepped His Authority with Covid Order, Issues Permanent Injunction Restraining Newsom From Further Issuing Unconstitutional Orders

Sutter County Superior Court Judge Sarah Heckman ruled one of the Covid executive orders issued by Newsom related to mail-in ballots overstepped his authority and encroached on the state legislature. 

The judge barred Newsom “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.” 

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

[Judge] 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. 

“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.” 

Assemblyman Kevin Kiley explained today’s ruling against Newsom in an interview with KUSI News.