California Goes Viral, Con't

Even if Joe Biden is eventually declared President after all the Trump legal tomfoolery, even after another two-and-a-half months of Trump doing scorched earth damage in the wake of a loss, if California is any example, Trump's federal judges (and Supreme Court!) will be blocking Democratic state and national executive orders for years, making getting anything done to fix the mess we're in almost impossible.

A Northern California county judge on Monday preliminarily ordered Gov. Gavin Newsom to stop issuing directives related to the coronavirus that might interfere with state law.

Sutter County Superior Court Judge Sarah Heckman tentatively ruled that one of the dozens of executive orders Newsom has issued overstepped his authority and impinged on the state Legislature.

She more broadly barred him “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.”

It’s the second time a judge in the same county has reached the same conclusion, which runs counter to other state and federal court decisions backing the governor’s emergency powers. An appeals court quickly stayed the earlier order in June.

Heckman’s decision will become final in 10 days unless Newsom’s attorneys can raise new challenges. Newsom did not immediately comment or say if he will appeal.

The case centers on a single Newsom executive order in June requiring election officials to establish hundreds of locations statewide where voters can cast ballots in the November election. But lawmakers subsequently approved the same requirement, and the judge’s decision will have no effect on Tuesday’s election.

She acted in a lawsuit brought by Republican Assemblymen James Gallagher and Kevin Kiley, who said Newsom, a Democrat, was single-handedly overriding state laws in the name of keeping Californians safe.

“This is a victory for separation of powers,” the lawmakers said in a joint statement. Newsom “has continued to create and change state law without public input and without the deliberative process provided by the Legislature.”

Heckman wrote in a nine-page decision that the California Emergency Services Act “does not permit the Governor 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.”

Newsom used his emergency powers to virtually shut down the state and its economy in the early weeks of the pandemic.

“Nobody disputes that there are actions that should be taken to keep people safe during an emergency,” the lawmakers said. “But that doesn’t mean that we put our Constitution and free society on hold by centralizing all power in the hands of one man.”

 

After decades of the "unitary executive" legal principle, Republicans are now arguing that Governors have no powers, and that everything rests with state legislatures...which happened to be controlled by Republicans in many cases.  California's is not, but blocking Newsom's orders, as was the attempted case here in Kentucky a few months ago, is the point. 

Even if they are temporary, it disrupts the process and undermines authority. If Republicans cannot rule, Trump's judges will make sure the country remains ungovernable, even in deep blue California.