California Judge Smacks Down Governor Newsom, Limits ‘Unconstitutional’ Covid-19 Order Authority

A judge in California has tentatively ruled that one of the dozens of executive orders Governor Newsom (D-CA) has issued was unconstitutional. The decision will become final within 10 days if Newsom’s lawyers do not bring forth any new challenges. The judge ruled Newsom’s actions were “an unconstitutional exercise of legislative power” in her nine-page decision.

The case was brought forth by two state assemblymen when Newsome ordered that all registered voters in Califonia receive mail-in ballots and required election officials to establish hundreds of locations statewide according to KTLA news.

As part of the ruling, Judge Heckman barred the governor, “from exercising any power under the Califonia Emergency Service Act, which amends, alters, or changes existing statutory law or makes new statutory law or legislative policy.”

Two Republican Califonia state assemblymen, Kevin Kiely and James Gallager were the paid that brought the case to court.

They both took to Twitter to celebrate the recent ruling.

The Judge has ruled in our case against Gavin Newsom. We won. The Judge found good cause to issue a permanent injunction restraining the Governor from issuing further unconstitutional orders.

— Kevin Kiley (@KevinKileyCA) November 2, 2020

The Governor had two Executive Orders. The first one was about mailing ballots to all voters. The second (the one we challenged in Court) was more broadly about the election process. More importantly, this lawsuit is about separation of powers.

— James Gallagher (@J_GallagherAD3) November 2, 2020

This is a big win for California Republicans and anyone else who is unhappy about what seems to be tyrannical restrictions.

This could possibly become a domino effect if other lawmakers sue Governors who impose unconstitutional COVID-19 restrictions.

This won’t end the lockdown however, it does stop the Governor from imposing any more extreme regulations concerning Coronavirus. Many Republicans and those who oppose the lockdowns will continue to win these legal battles so states may continue to open up.