We recently talked about how the Michigan Supreme Court ruled that Governor Whitmer was in breach of the state constitution – a decision that has been repeatedly misrepresented by both Whitmer and major media outlets. Now a California judge has ruled that the California government. Gavin NewsomThe (D) executive pandemic powers in the elections violate the constitution of this state. These decisions are remarkable in that the media has portrayed those who oppose such powers as frivolous, if not ridiculous, challenges. There are other cases that support Newsom, but this is the second judge to rule against him. The result of the decision will not change the current election rules, but indicates a trend in pandemic orders.
Sutter County Supreme Court Justice Sarah Heckman issued a preliminary ruling finding that Newsom has superseded the basic doctrine of separation of powers:
“CESA allows the governor to issue orders and regulations and to suspend certain laws in a state of emergency, but the simple and clear language of CESA does not allow the governor to change laws or make new laws. The governor has neither the power nor the authority to assume the role of the legislature in drawing up legislative directives and ordinances. Because Executive Order N-67-20 modified sections of the Electoral Code, it exceeds the governor’s powers under CESA and invalidates Executive Order N-67-2O. “
The specific amendment to the electoral law was later approved by the legislature so that the ruling would not change
Newsom’s specific order included that electoral officials must provide hundreds of locations for voters to cast ballots nationwide. The legislature eventually approved the same mandate, so the order has no impact on election day. However, these rulings continue to mount as courts scrutinize the pandemic in different states.