Judge limits Gov. Newsom's emergency rule-making
SACRAMENTO, Calif. —
A California judge on Friday sided with Republican legislators who said Gov. Gavin Newsom overstepped his powers with dozens of emergency orders during the coronavirus crisis that changed everything from how public meetings are conducted to when tenants can be evicted.
Sutter County Superior Court Judge Perry Parker only halted one of the orders, involving the November election, but ordered Newsom to refrain from new orders that might be interpreted as usurping the Legislature's responsibilities.
The judge appeared to adopt without changes a proposed order submitted to him by GOP Assemblymen James Gallagher and Kevin Kiley, who challenged the election order.
Parker barred Newsom “from further exercising any legislative powers in violation of the California Constitution and applicable statute, specifically from unilaterally amending, altering, or changing existing statutory law or making new statutory law.” He scheduled a hearing for June 26 to consider issuing a preliminary injunction.
“This is a victory for separation of powers,” the lawmakers said in a joint statement. “The governor has continued to brazenly legislate by fiat without public input and without the deliberative process provided by the Legislature. Today the judicial branch finally gave him the check that was needed and that the Constitution requires.”
Erwin Chemerinsky, dean of the law school at the University of California, Berkeley, said the judge's order “says only that the governor cannot issue orders that violate the law.”
“The paragraph in the order is vague, but I think it clearly does not forbid all executive orders, just those that are unconstitutional or violate statutes,” he said.
https://www.kcra.com/article/judge-limits-gov-newsoms-emergency-rule-making/32855863