The California Supreme Court on Wednesday declined to consider a case that could have potentially limited Gov. Gavin Newsom’s emergency powers during the coronavirus pandemic.
The court decided to let stand a lower court’s ruling that the governor acted within his authority when issuing mandates and measures aimed at preventing the spread of the virus and that he even has the right to change and introduce new laws.
The justices did not offer an explanation.
What they’re saying: Gallagher tweeted that “it means that the highest court in CA has taken a pass on providing any legal review of perhaps the greatest example of executive overreach in modern history. They literally have nothing to say about it. Sad.”
Newsom spokeswoman Erin Mellon said the lawsuit was “a misguided attack” on state law.
“It’s a law that carefully balances the Legislature’s and Governor’s roles, and we’re glad the state Supreme Court recognized there was no need to entertain fringe legal theories that sought to upset that balance,” she said, the Associated Press reported.
How we got here: The decision comes after Republican Assemblymen James Gallagher and Kevin Kiley asked the California Supreme court to review the case, arguing that previous rulings essentially gave Newsom “the power to legislate.” They contended that this was violated in the state Constitution.
Worth noting: Kiley is one of the candidates that seek to replace Newsom in the upcoming recall election.
Previous rulings: A Superior Court judge had previously ruled that Newsom does not have the power to make new laws but that decision was appealed and the Sacramento-based state Court of Appeal’s three-judge panel unanimously overturned that decision. The appellate court contended that California’s 1970 Emergency Services Act gave him broad powers during a state of emergency, such as the pandemic.
They pointed to a section of the law that says the governor has “complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the State of California.”
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