limits executive orders by Newsom
SACRAMENTO — A Sutter County judge on Monday prohibited Gov. Gavin Newsom from issuing executive orders that amend existing laws or create new ones, escalating a battle with a pair of Republican legislators who argue the governor has abused his authority during the coronavirus pandemic.
In a tentative decision, Judge Sarah Heckman struck down a June executive order in which Newsom established new requirements for the November election, ruling that the governor improperly usurped the Legislature’s role by setting regulations for early voting and mail ballot dropoffs.
The decision does not affect existing election procedures, because many of the changes sought by Newsom were subsequently adopted by lawmakers. But it hands a victory to Republican Assemblymen Kevin Kiley of Rocklin ( Placer County) and James Gallagher of Nicolaus ( Sutter County), vocal critics of Newsom’s pandemic response who sued this summer to stop what they say has been his autocratic approach to the crisis.
Under the ruling, Newsom is “enjoined and prohibited from exercising any power” that “amends, alters, or changes existing statutory law or makes new statutory law or legislative policy.”
Jesse Melgar, a spokesperson for Newsom, said in a statement, “We strongly disagree with specifJudge
ic limitations the ruling places on the exercise of the Governor’s emergency authority and are evaluating next steps.”
Heckman wrote in her decision that California law gives the governor authority during a state of emergency to suspend enforcement of certain statutes, but not to amend or create new ones. By changing the election code, she said, Newsom had violated the constitutional separation of powers between the branches of government.
“The Governor does not have the power or authority to assume the Legislature’s role of creating legislative policy and enactments,” Heckman wrote.
Kiley praised the ruling for restoring checks and balances in California. He said he had not yet determined whether there were other executive orders he planned to challenge in court, but he added that he hoped Newsom would review the more than 50 orders he has issued during the coronavirus crisis and rescind any that would now be considered unlawful.
“I hope the governor will stop ruling the state by decree and he will acknowledge we have three branches of government and start working with the Legislature,” Kiley said. “If we are able to have different voices and the voices of the people of our state involved in the process, we will get better results.”