The trial date is set for October 21st for the lawsuit filed against Gov. Gavin Newsom by Assemblyman Kevin Kiley, R-Rocklin, and Assemblyman James Gallagher, R-Yuba City. Come early for a rally at 8am and to see if you we can get into the courtroom. Join us to peacefully protest against the Dictator Newsom. Bring flags and signs.
From Gallagher and Kiley’s pleading:
“The Governor’s discombobulation is clear from the cynical, bizarre, irrelevant, and misleading arguments he made in his 20-page Opposition Brief filed on Monday:
- Scare tactics: He claims our lawsuits threatens to “throw into chaos current efforts to combat the wildfires now burning across the State.”
- Dishonesty: Repeatedly, his brief selectively quotes provisions of California law, editing out legal limitations on his own power in hopes that the Court won’t notice.
- Diversions: He devotes much of the brief to refuting a legal theory we didn’t even advance.
- Lawlessness: He describes Separation of Powers as “flexible” and “pragmatic,” some airy-fairy theory where anything goes, so that he can claim a roving one- man lawmaking authority that is foreign to the Constitution and republican government itself.
“Our Opening Brief warned of the dangers of an extended State of Emergency, with a Governor apt to ‘fall into the habit of acting unilaterally’ even for non-emergency purposes. As if to prove the point, on September 24 Governor Newsom issued a unilateral Executive Order banning gas-powered vehicles by 2035. In the Order, he did not cite the Emergency Services Act – a chilling sign that seven months into this emergency, lawmaking by decree has become normalized. The time for a judicial check has arrived, as has already occurred in numerous other states.”
“That’s because this case is not about one particular law, but the rule of law – not about rectifying a single violation of the Constitution but redeeming the whole document.”
Gallagher and Kiley are asking the court for two things:
- “a judgment that the Executive Order so issued is null and void”
- “a court order stopping the Governor from further exercising any “legislative powers in violation of the California Constitution.”
Kiley and Gallagher argue that California’s Constitution has an explicit separation-of- powers provision, which Gov. Newsom has violated. “A California Governor is constitutionally forbidden from doing the very thing Gov. Newsom has done here: exercise legislative powers.””