Newsom wins Supreme Court cases on his power to issue emergency orders sfchronicle.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from sfchronicle.com Daily Mail and Mail on Sunday newspapers.
by Bethany Blankley, The Center Square | May 07, 2021 11:00 AM Print this article
The Third District Court of Appeals ruled in favor of Gov. Gavin Newsom Thursday, overturning a lower court’s stay after two Republican lawmakers sued alleging the governor violated the state constitution’s separation of powers clause and state Emergency Services Act (CESA) by invoking numerous executive orders.
The legislators said they are appealing immediately to the California Supreme Court.
In the 23-page opinion, the appeals court sided with Republican state Assemblymen James Gallagher and Kevin Kiley on nearly every issue they raised, stating their case “raises matters of great public concern regarding the Governor’s orders in the ongoing COVID-19 pandemic emergency.”
Newsom. Photo courtesy Wikipedia.
DON THOMPSON, Associated Press
California Gov. Gavin Newsom’s use of emergency powers to make far-reaching policies during the pandemic was upheld Wednesday by state appellate judges who rejected a lower court finding that the Democrat had done too much unilaterally.
Three judges from the 3rd District Court of Appeal in Sacramento ruled unanimously that the prior judge “erred in interpreting the Emergency Services Act to prohibit the Governor from issuing quasi-legislative orders in an emergency.”
“We conclude the issuance of such orders did not constitute an unconstitutional delegation of legislative power,” Presiding Justice Vance Raye wrote in ruling on a lawsuit brought by Republican state legislators.
California Gov. Gavin Newsom’s use of emergency powers to make far-reaching policies during the pandemic was upheld Wednesday by state appellate judges who.