Gavin Newsom s COVID emergency powers upheld by California court
Sacramento Bee 2 hrs ago Lara Korte, The Sacramento Bee
May 5 A California appeals court affirmed Gov. Gavin Newsom s use of emergency powers on Wednesday, shooting down a challenge by Republican lawmakers who said the Democrat acted illegally when he issued an executive order laying out procedures for a mail-in election.
The decision by the 3rd District Court of Appeal on Wednesday overturned an earlier ruling at the Sutter County Superior Court that sided with the Republican lawmakers who brought the suit against the governor.
The appeals court found that Newsom s order complied with the state s Emergency Services Act, which gives the governor expanded powers in extreme circumstances.
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A state appeals court decided unanimously Wednesday that Gov. Gavin Newsom has the legal right to modify or make new state laws during the COVID-19 pandemic.
The ruling was a setback for two Republican lawmakers who challenged the scope of the governor’s public health authority. The legislators said they would ask the California Supreme Court to overturn the decision, handed down by a three-judge panel of the Sacramento-based 3rd District Court of Appeal.
The appeals court said the 1970 California Emergency Services Act grants the governor the power to change state law during a crisis and that grant of authority was constitutional.
by Bethany Blankley, The Center Square | April 22, 2021 12:00 PM Print this article
Two California state legislators presented oral arguments before the Third Circuit Court of Appeals Tuesday in their lawsuit against Gov. Gavin Newsom over whether he violated the state constitution’s separation of powers and state Emergency Services Act (CESA) by invoking numerous executive orders.
Assemblyman Kevin Kiley, R-Rocklin, and Assemblyman James Gallagher, R-Yuma, sued the governor last June over an order Newsom issued that changed election law and procedure.
The legislators argue that only the state legislature can make, amend or suspend laws and these powers are not granted by the state constitution to the governor or anyone else.