A judge ruled on Monday to limit California Gov. Gavin Newsom’s executive authority during the coronavirus pandemic.
Sutter County Superior Court Judge Sarah Heckman issued a preliminary order this week forcing Newsom to stop writing executive orders related to coronavirus restrictions after determining that at least one of his previous orders was “an unconstitutional exercise of legislative power.”
The order in question is the California Emergency Services Act, which is not unconstitutional in and of itself, Heckmain wrote, but has been used by Newsom to “amend statutes or make new statutes.”
“The Governor does not have the power or authority to assume the Legislature’s role of creating legislative policy and enactments,” Heckman’s order reads.
Now, Newsom is prevented “from exercising any power under the California Emergency Services Act which amends, alters, or changes existing statutory law or makes new statutory law or legislative policy.”
The order will become final in 10 days if Newsom’s team does not challenge it.
A spokesman for Newsom said the governor does not agree with the ruling and is “evaluating next steps.”
“The tentative ruling makes clear that the Governor’s statutory emergency authority is broad, and constitutional, and that the Governor has the authority, necessary in emergencies, to suspend statutes and issue orders to protect Californians,” the spokesman said.
Heckman is the second judge in the county to rule that Newsom has overstepped his authority throughout the coronavirus pandemic.
Many state Republicans have also challenged Newsom’s authority, arguing that he is trampling on the state legislature’s rights.
Newsom “has continued to create and change state law without public input and without the deliberative process provided by the Legislature,” Republican state Assemblymen James Gallagher and Kevin Kiley said in a joint statement. “[Heckman’s order] is a victory for separation of powers.”
