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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.”
State appeals court clears Newsom s use of emergency powers during pandemic
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California Gov. Gavin Newsom speaks during a news conference in San Francisco in April. A state appeals court has upheld the emergency powers granted to him by the Legislature during the coronavirus pandemic.Justin Sullivan/TNS
Rejecting a judge’s ruling that sought to limit Gov. Gavin Newsom’s powers during the coronavirus pandemic, a state appeals court said Wednesday that lawmakers had authorized Newsom to issue wide-ranging executive orders to protect Californians’ health until the emergency is over.
In a suit by two Republican legislators, Sutter County Superior Court Judge Sarah Heckman ruled Nov. 2 that Newsom had violated state law with a series of executive orders broadening access to mail-in voting after declaring a state of emergency in May. Widening her scope to other orders that closed businesses and changed regulations and licensing procedures, she barred the gover
Vote-by-mail ballots were sent to all California registered voters during the pandemic ahead of the 2020 general election.
California Gov. Gavin Newsom delivers his State of the State address from Dodger Stadium Tuesday, March 9, 2021, in Los Angeles. (AP Photo/Mark J. Terrill)
(CN) California Governor Gavin Newsom did not abuse his powers when his office required all voters be sent vote-by-mail ballots for the 2020 general election, the Third District Court of Appeal ruled on Wednesday.
In March 2020, Newsom declared a state of emergency in the early days of the pandemic and just days after voters headed to the polls during primary election season. Newsom issued an executive order to send vote-by-mail ballots to all registered voters ahead of the November general election.