Gavin Newsom’s authoritarian rule shot down a few weeks too late

California Governor Gavin Newsom suffered an embarrassing defeat in State Superior Court today when a judge ruled against him in a lawsuit challenging the constitutionality of his executive orders.

Judge Sarah Heckman ruled that Newsom’s executive No. N-67-20 was unconstitutional. That means he can no longer mandate unsolicited mail-in ballots to be sent to all registered voters and shoots down his requirement of one voting place per 10,000 residents be available from Oct 31 to Nov 2 for at least 8 hours. Unfortunately, the first part of this ruling is moot since the ballots were mailed out weeks ago.

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The second part of his executive order was considered a nuisance at best, so there should be little to no impact on the election, which is tomorrow. However, the judge’s ruling removes Newsom’s ability to issue further executive orders as part of the COVID-19 state of emergency.

Two Republican lawmakers who sued the Governor celebrated on Twitter:

The Judge has ruled in our case against Gavin Newsom. We won. The Judge found good cause to issue a permanent injunction restraining the Governor from issuing further unconstitutional orders.

— Kevin Kiley (@KevinKileyCA) November 2, 2020

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.

— James Gallagher (@J_GallagherAD3) November 2, 2020

Republicans have acknowledged a need for action from Sacramento regarding the coronavirus, but they have demanded that things be handled properly through the state legislature rather than from executive fiat. This ruling will make it impossible for the Governor to impose more restrictions without consent of the legislature. This ruling does not affect the state’s current locked down status.

Separation of powers is one of the most important components of a constitutional republic. Gavin Newsom has played his hands as if he’s above the California and U.S. constitutions. Today’s ruling reminds him he is not.

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