Judge rules against Gov. Newsom in lawsuit

Hatemywig

Mon, Nov 02 2020, 7:11 pm

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’s Executive Order violated the Constitution. She also issued an injunction restraining the Governor from issuing any more unconstitutional orders. You can read the ruling here.

The Court rejected Newsom’s extraordinary claim that a State of Emergency “centralizes the state’s powers in the hands of the Governor.” This is the unlawful basis on which Newsom has collapsed California’s system of checks and balances, issuing 57 Executive Orders and changing over 400 laws unilaterally.

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.

https://blog.electkevinkiley.c.....wsom/

keym

Mon, Nov 02 2020, 7:34 pm

Each state has its own constitution and legislative rules.
If I remember correctly, both NY and NJ have very extensive sole executive powers during emergencies.
That makes it more unlikely for judges to rule that Cuomo and Murphy have overstepped their power.
Especially since Murphy has been very careful since early May to allow basic religious practice- outdoor prayer limited to 10-15, social distancing drive by religious services.

keym

Mon, Nov 02 2020, 7:45 pm

keym wrote:

Mind you, I don't appreciate how Murphy is running a one man show.
And I strongly support legislation that limits a governor's power even during an emergency to 30-45 days, and then it's up to the State Senate or House of Assembly to make the rules.
But the way NJ law is currently, I would be shocked if a judge ruled that Murphy's executive orders are unconstitutional.