Judge Rules Against Gov. Newsom in Lawsuit Challenging Executive Order. Issued Permanent Injunction Preventing Newsom From Making Further Unconstitutional Orders.

A State Superior Court judge ruled against Governor Gavin Newsom in a lawsuit challenging the constitutionality of his executive orders.

Judge Sarah Heckman ruled that Newsom’s executive No. N-67-20 was indeed unconstitutional.

The order required that all California residents registered to vote in the Nov. elections receive vote-by-mail ballots. The order also required one voting place per 10,000 residents be available from Oct 31 to Nov 2 for at least 8 hours.

As part of Heckman’s ruling, she also issued a permanent injunction preventing Newsom from making further unconstitutional orders.

The lawsuit was brought about by California Assemblymembers James Gallagher (R-Yuba City) and Kevin Kiley (R-Rocklin).

James Gallagher

@J_GallagherAD3

The Governor had two Executive Orders. The first one was about mailing ballots to all voters. The second (the one we challenged in Court) was more broadly about the election process. More importantly, this lawsuit is about separation of powers.

“We’ve been arguing that the California Emergency Services Act does not provide for one-man rule. Today, the court agreed with us,” Gallagher and Kiley said. “This is a victory for separation of powers. The Governor has continued to create and change state law without public input and without the deliberate process provided by the legislature. Today, the judicial branch again gave him the chack that was needed and the Constitution requires.”

The court’s decision does not impact the 2020 election protocols.

The ruling does not affect the Governor’s stay-at-home orders, as local State Senator Melissa Melendez pointed out.

There has been no word on whether Newsom will attempt to appeal the decision.

By Jesus Reyes