Kiley and Gallagher Win Lawsuit Against Gov. Newsom

Kiley and Gallagher Win Lawsuit Against Gov. Newsom

(Yuba City, CA) – A lawsuit challenging the constitutionality of Governor Gavin Newsom’s executive orders was concluded with good news.  Judge Sarah Heckman ruled that executive order N-67-20 was unconstitutional, and issued a permanent injunction preventing Newsom from making further such orders.

California Assembly members Kevin Kiley (R-Rocklin) and James Gallagher (R-Yuba City) brought forth the lawsuit to counteract what they call the governor’s “one-man rule.”  “This is a victory for separation of powers,” they said in a joint statement.   “We Won” was the subject line of the notice sent out to various media outlets following the ruling.

Governor Newsom has 10 days to challenge the decision, after which it will become final.  The court’s decision does not impact the 2020 election protocols, nor does it affect the governor’s stay-at-home orders. 

One other ruling has already reached the same conclusion, but was stayed earlier in June on a legal technicality.  Several other state and federal court decisions have backed the governor’s emergency powers.  Kiley and Gallagher have argued that the emergency powers do not take away the power of the legislature, nor does it create an atmosphere wherein the governor is able to create law, himself.

Read more detail about the decision at A21R.