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  Judge rules Governor Gavin Newsom orders unconstitutional - the era of one man rule is over in California  CLICK HERE FOR DETAILS 

Recall Newsom campaign extended into March 2021 

Some excerpts from the official court ruling which can be read in full here


"The
CESA allows the Governor, during a state of emergency, to issue orders and regulations and to suspend certain statutes, but the plain and unambiguous language of CESA does not permit the Govemor to amend statutes or make new statutes. The Govemor does not have the power or authority to assume the Legislative's role of creating legislative policy and enactments. Because Executive Order N-67-20 amended sections of the Elections Code it exceeds the Govemor's authority under CESA and renders Executive Order N-67-2O invalid."





The Court finds and declares: Executive Order N-67-20 issued by the Governor on June 3, 2020 is void as an unconstitutional exercise of legislative power and shall be of no further force or effect. The California Emergency Services Act (CA Government Code $8550 et seq,) does not authorize or empower the Governor of the state of California to amend statutory law or make new statutory law, which is exclusively a legislative function not delegated to the Governor under the CESA,

page 5

ON THE ISSUE OF WHETHER PLAINTIFFS ARE ENTITLED TOINJUNCTIVE RELIEF, THE COURT'S DECISION IS INJUNCTIVE RELIEF ISPROPER IN THIS CASE.Permanent injunctive relief may be granted pursuant to Code of Civil Procedure Section 526when plaintiff is entitled to the relief demanded and which consists, at least in part, in restrainingthe commission or continuance of the act complained of, when pecuniary compensation wouldnot afford adequate relief, or where the restraint is necessary to prevent a multiplicity ofjudicialproceedings. Civ. Proc. Code $526(aXlXa)(6). Injunctive relief is proper in this case for the following reasons:

The Govemor has issued amultitude of executive orders under the purported authority of the CESA, many of which haveamended statutory law. (Pl. Ex. F) The Govemor has asserted both publicly and consistentlythrough the course of these proceedings his belief that Executive Order N-67-20 amending the Elections Code is "on firm legal ground," Legislative enactment "is not strictly necessary," andthe Executive Order was a lawtrrl exercise of his emergency powers under the CESA. (Pl. Ex. H,p. 5, referencing statements made at May 22,2020 press conference; Defendant's Trial Brief p.6-9) The state of emergency proclaimed on March 4,2020 due to the COVID-19 pandemiccontinues, with no end date in sight. (Def. Ex. 2) The amendments to the Elections Code madeby AB 860 pertain only to the November 3,2020 General Election and Chapter 7 (gg1600-1606.) of the Elections Code added by SB 423 is only effective until January l, 2021 and as ofthat date is repealed. Based on the history of special elections since 2008, it is very likely aspecial Election will become necessary in early 2021. (Pl. Ex. J) The Govemor continues to issue executive orders which create legislative policy (Pl. Ex. G.) The evidence persuades the Court it is reasonably probable the Govemor will continue issuing executive orders which amend statutory law and create legislative policy under the purported authority of the CESA, violating the Califomia Constitution and the rights of plaintiffs thereunder and giving rise to a multiplicity of judicial proceedings, unless restrained by a permanent injunction.

The Court finds good cause to issue a permanent injunction consistent with the requestset forth in paragraph 2l of plaintiffs' complaint (Def. Ex. l), as follows:

 


https://blog.electkevinkiley.com/wp-content/uploads/2020/11/Screen-Shot-2020-11-02-at-6.25.28-PM.png


The governor has to 11/12/2020 to appeal.

 

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