Friday, 6 November 2020

Judge limits Newsom's executive power amid pandemic

SACRAMENTO, Calif. (KRON) - Some members of the state legislature are waiting to see how or if Governor Gavin Newsom will take action after a judge limited some of his executive power.

Governor Newsom and his legal team have about a week to change the mind of a Sutter County judge, who ordered him to stop issuing executive orders that might interfere with state law. 

The judge tentatively ruled this week the governor overstepped his boundaries of power in one of his directives during the pandemic related State of Emergency. 

What does this mean for California?

"It means California is no longer an autocracy which is what Governor Newsom has claimed the Emergency Services Act turns our state into," Kevin Kiley said.  

Assemblyman Kevin Kiley is one of two Republican lawmakers who sued the governor. 

"Even during a state of emergency we still have separation of powers, we still have rule of law, we still have the constitution, the governor can't claim all the powers of the state for himself," Kiley said.  

The governor's press secretary says the office is still evaluating the next steps and strongly disagrees with the order's specific limitations.

The judge 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.”

Before this ruling, the governor issued 58 executive orders in the pandemic related state of emergency, including pushing back deadlines for some taxes and fees, changing how some licenses are issued and renewed, and suspending some rules and deadlines for schools. 

"We're reviewing how many of those are called into question by this decision, I think it could be quite a few, I think it could be close to half of them," Kiley said.

The judges decision will be finalized next Friday.

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