Republican State legislators waiting for court ruling on constitutionality of Newsom orders

While Sacramento Democrats complain the Governor is acting illegally to close down the State of California, it is two GOP Assembly members that have brought suit to re-open the State.

“Assemblymen James Gallagher, R-Yuba City, and Kevin Kiley, R-Rocklin, sued Newsom, arguing the orders he’s issued since March violate the separation of powers clause of the state constitution. Their complaint asks for a permanent injunction against all unlawful orders issued by the governor.

“We live in a democracy, where there are three branches of government,’ right? And he’s not allowed to legislate,” Gallagher told local reporters. “That’s our job at the state legislature, and he can’t basically take over our job. And, there are implications if we allow one man to do that.”

There are at least 30 other lawsuits against the Governor and the State.  As best I can tell, not a single one of them is by Democrat officeholders or the Democrat Party.  In other words, they support the closing of the State of California.  How do they explain this to the unemployed and students refused an education?

State legislators waiting for court ruling on constitutionality of Newsom orders

By Bethany Blankley | The Center Square, 10/28/20 

(The Center Square) – Roughly one week after a trial was held at Sutter County Superior Court, state legislators who sued Gov. Gavin Newsom are still waiting for a ruling on the constitutionality of one of the governor’s executive orders and possibly the constitutionality of the Emergency Services Act.

At issue is an executive order issued by Newsom mandating that all registered voters receive vote-by-mail ballots and counties be allowed to reduce precincts on Election Day if they provided in-person voting centers under certain stipulations.

Assemblymen James Gallagher, R-Yuba City, and Kevin Kiley, R-Rocklin, sued Newsom, arguing the orders he’s issued since March violate the separation of powers clause of the state constitution. Their complaint asks for a permanent injunction against all unlawful orders issued by the governor.

“We live in a democracy, where there are three branches of government,’ right? And he’s not allowed to legislate,” Gallagher told local reporters. “That’s our job at the state legislature, and he can’t basically take over our job. And, there are implications if we allow one man to do that.”

Sutter County Superior Court Judge Sarah Heckman said she would make a decision soon. However, roughly one week has gone by without news.

If Newsom were to win, Gallagher and Kiley said they would appeal. If they win a narrow victory, Newsom’s attorneys could also appeal.

In his trial brief, Newsom’s attorneys implored Heckman to limit her ruling to only the one executive order issued related to mail-in ballots, not to all executive orders he’s issued. Newsom’s attorney argued that the separation of powers only works well “in theory.” Even though the state Legislature was in session and legislators could have proposed legislation related to the coronavirus, they did not. Newsom’s attorneys argued even if they did, the process would have been too slow to respond to the coronavirus outbreak.

If the legislators were to win based on the merits of the case, the court would “enjoin the governor from further exercising legislative powers in violation of the California Constitution,” Kiley said. “Newsom would be legally restrained – the only antidote to his historic lack of self-restraint.

“A number of his previous orders would immediately be exposed as unlawful, while others may become newly vulnerable,” Kiley added. “As a matter of law, our republican form of government would be vindicated.”

An unlikely, but possible, outcome of the case is that Heckman could rule that the Emergency Services Act is unconstitutional. This would result in the immediate termination of all of the emergency orders issued by the state, and subsequently by local governments.

When asked by the Los Angeles Times about the lawsuit last week, Newsom replied, “We did what we thought was appropriate.” When asked to respond to claims that he was “ruling by fiat” and if his actions would be “more measured in the future,” Newsom did not respond.

Heckman can rule on a technicality or proceed to the merits of the case, rule in favor of the plaintiffs or the defendants, rule on the interpretation of the Emergency Services Act, and grant or deny a permanent injunction with an array of stipulations.

About Stephen Frank

Stephen Frank is the publisher and editor of California Political News and Views. He speaks all over California and appears as a guest on several radio shows each week. He has also served as a guest host on radio talk shows. He is a fulltime political consultant.

Comments

  1. Robert Wilson says

    RECALL THIS PIECE OF HUMAN GARGAGE!!!!!

  2. Robert Wilson says

    GARBAGE!!!!

  3. Disgusted in California Voter and Tax Payer says

    Nuisance should be tried and found guilty of TREASON!!! THANX to him and his lawlessness – we have lost many small businesses and some larger corporations have removed their largest tax base (their corporate offices) from the state. There are many people that have suffered from depression – and committed suicide, and many others that have died because of lack of sufficient medical care. Kids aren’t being educated – tho many of their teachers and professors are Communists and are indoctrinating them – but they’re losing valuable time in their lives. People have been led around like sheeple, are paranoid of their neighbors, are afraid of a virus with a 99.9% recovery rate, and have been denied graduations, birthday celebrations, weddings and even funerals!!! ENOUGH IS ENOUGH!!! This tyrant needs to GO!!!! He should be tried for treason against the general population!! Even his dim Democrat base is not behind hime.

    THROW OUT THE BUM!!!!!!

  4. Carla Virga says

    Judge Sarah Heckman denied Newsom’s attorneys’ motion to delay the hearing until after the election; but by failing to render her decision prior to the election, she has factually and physically granted their motion.

  5. Ken Campbell says

    Glad to see two CA assemblymen doing their job…good work!!! I wonder what the rest of them are doing besides warming a seat and collecting a paycheck.

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