Judge Rules Against Gov. Newsom: Lawsuit challenged Executive Order
BY PAUL PRESTON, NewCali News
This is a developing story.
(Yuba City, CA) – In a letter to NewCali News titled “We Won” from Placer County California Assemblymen Kevin Kiley, (R-Rocklin) yesterday the announcement came that Judge Sarah Heckman from Sutter County State Superior Court ruled against Governor Gavin Newsom in a lawsuit challenging the constitutionality of his executive orders.
The lawsuit was brought about by California Assemblymembers James Gallagher (R-Yuba City) and Kevin Kiley (R-Rocklin).
Judge Sarah Heckman ruled that Newsom’s executive No. N-67-20 was indeed unconstitutional.
The order required that all California residents registered to vote in the Nov. elections receive vote-by-mail ballots. The order also required one voting place per 10,000 residents be available from Oct 31 to Nov 2 for at least 8 hours.
Read the full vote-by-mail executive order Download
As part of Heckman’s ruling, she also issued a permanent injunction preventing Newsom from making further unconstitutional orders.
Sutter County Judge Sarah Heckman has sided with their lawsuit in declaring Newsom’s executive order unconstitutional. As part of the ruling, Heckman has issued a permanent injunction that prevents the Democratic governor from making additional unconstitutional orders.
“We have been arguing that the California Emergency Services Act does not provide for one-man rule. Today, the Court agreed with us,” Gallagher and Kiley said in a joint statement. “This is a victory for separation of powers. The governor has continued to create and change state law without public input and without the deliberative process provided by the Legislature. Today the judicial branch again gave him the check that was needed and that the Constitution requires.”
The ruling, for now though, remains a tentative decision and is not expected to affect the election or the state’s decision to mail ballots to eligible California voters.
The Governor has continued to create and change state law without public input and without the deliberate process provided by the legislature. Today, the judicial branch again gave him the check that was needed and the Constitution requires.”
The court’s decision does not impact the 2020 election protocols.
Full Gallagher and Kiley vs Newsom ruling Download
The ruling does not affect the Governor’s stay-at-home orders, as local State Senator Melissa Melendez pointed out.
The judge found the California Emergency Services Act itself to be constitutional, and made it clear that Newsom “has the authority, necessary in emergencies, to suspend statutes and issue orders to protect Californians,” he said in a statement.
Heckman’s decision will become final in 10 days unless Newsom’s attorneys can raise new challenges.
Newsom’s administration is evaluating its next steps and strongly disagrees with the order’s according to Newsom spokesman.
This is second time a Sutter County State Superior Court Judge ruled against Governor Gavin Newsom and reached the same conclusion, which goes against other state and federal court decisions backing the governor’s emergency powers. An appeals court quickly stayed the earlier order in June on a legal technicality.
Read the Kiley Letter Below:
Sutter County State Superior Court ruled against Governor Gavin Newsom
Today, a California Superior Court ruled in favor of me and fellow legislator James Gallagher in our lawsuit challenging Gavin Newsom’s abuse of power.
The Judge ruled Newsom violated the Constitution. She also found good cause for a permanent injunction restraining the Governor from issuing any more unconstitutional orders. You can read the ruling here.
This marks an end to Gavin Newsom’s one-man rule. It makes clear that the laws of the State of California do not countenance an autocracy under any circumstances – not for a single day, and certainly not for eight months with no end in sight.
The ruling is “tentative,” meaning Newsom has a few days to try to persuade the Judge to change her mind, but it’s rare for a tentative ruling to change. While Newsom can appeal, we are confident the decision is on solid legal ground and will stand.
Kevin Kiley,
California Legislator”
Fox New Contributed to this article.
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