From Anna V...
https://blog.electkevinkiley.com/we-just-won-our-lawsuit-against-gavin-newsom/?fbclid=IwAR2ZezJmbT_JFqdBmPKye_vAC3_UeNuYPSBZflCmunLwsCfqb-qE1yScDKA
Kevin Kiley and James Gallagher, State of California Legislators, just won their lawsuit against "Governor" Gavin Newsom and his ugly unprecedented over-reaches as self-proclaimed Dictator of California.
We Just Won Our Lawsuit Against Gavin Newsom
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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.
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[–] hailstone [S] 0 points 3 points 3 points (+3|-0) ago (edited ago)
The above ruling is related to this article
https://californiaglobe.com/section-2/ca-assemblymen-kiley-and-gallagher-file-brief-in-lawsuit-against-gov-gavin-newsoms-one-man-rule/
CA Assemblymen Kiley and Gallagher File Brief in Lawsuit Against Gov. Gavin Newsom’s ‘One-Man Rule’
‘Our very system of government and way of life is what’s at stake’
By Katy Grimes, September 15, 2020 5:05 pm
On the heels of a federal judge in Pennsylvania ruling that Gov. Tom Wolf’s lockdown orders are unconstitutional, violating both the First and 14th Amendments, back in California, Assemblymen James Gallagher (R-Yuba City) and Kevin Kiley (R-Rocklin) just filed their brief with the California Superior Court setting the clear legal argument against Gavin Newsom’s one-man rule.
States sill laboring under lockdown orders are pushing to get back some normalcy, and using the courts to achieve this.
Kiley and Gallagher explain:
Assemblyman Kevin Kiley. (Photo: Kevin Sanders for California Globe)
“We are asking the court for two things: (1) “a judgment that the Executive Order so issued is null and void”; (2), a court order stopping the Governor from further exercising any “legislative powers in violation of the California Constitution.”
We were limited to 15 pages, although we are also filing a separate 15-page Opposition to the Governor’s own brief. Here’s how ours begins:
“In the case before the Court, Defendant Gavin Newsom declares that the six-month-and-counting State of Emergency centralizes the State’s powers in the hands of the Governor. This disquieting claim belies California law and defies America’s first principles.”
We then set forth the constitutional basis for the Court to step in:
“The authors of California’s Constitution learned the lesson of America’s founding even better than the Founders themselves, enshrining an explicit separation-of-powers provision. A California Governor is constitutionally forbidden from doing the very thing Gov. Newsom has done here: exercise legislative powers.”
Our brief then turns to the unprecedented abuses of this year:
“California has entered its seventh month of the COVID-19 pandemic, with no apparent end in sight. In addition to sweeping ‘guidance documents’ that close schools and shutter businesses, Governor Gavin Newsom has issued 53 Executive Orders that span 15 different California Codes and change over 400 state laws.”
And here is the crux of the legal argument: the Emergency Services Act does not authorize Newsom’s unconstitutional actions.
James Gallagher
Assemblyman James Gallagher. (Photo: Kevin Sanders for California Globe)
“Contrary to the Governor’s claim, the Emergency Services Act does not and could not inaugurate an autocracy in the State of California. Such a wild misapprehension of his own authority is precisely why this case demands a resolution on the merits.“
In June, Sutter County Superior Court Judge Perry Parker granted a temporary restraining order on Governor Gavin Newsom’s Executive Order that requires all registered California voters to receive a mail-in ballot for the upcoming November election. Kiley and Gallagher had petitioned Judge Parker for the TRO citing that Governor Newsom had overstepped the bounds of his emergency powers when he was the sole lawmaker in Sacramento capable of making laws during the two months of the coronavirus pandemic when the state Legislature couldn’t meet.
Gov. Gavin Newsom in July petitioned to have Judge Parker removed, claiming that the judge was prejudiced against the governor, California Globe reported.
The Federalist reported:
In the Pennsylvania case, U.S. District Court Judge William Stickman struck down Gov. Wolf’s limits on indoor and outdoor gatherings of up 25 and 250 people, respectively. The limitations, Stickman wrote, violate “the right of assembly enshrined in the First Amendment.”
Stickman ruled that the governor’s stay-home order and mandatory closure of businesses, which were deemed non-essential to curb the spread of the novel Wuhan coronavirus, infringed on citizen freedoms and discriminated based upon arbitrary “life sustaining” and “non-life sustaining” standards breaching 14th Amendment protections.
Kiley and Gallagher’s entire brief is available HERE.
The New York Times has a map of the 50 U.S. States in varying stages of re-opening, and some, like California, reversing re-opening plans.