By California Legislator Kevin Kiley

An Illinois Court has ruled: the State of Emergency expired, the Governor’s emergency powers lapsed, and his Executive Orders are void.

The Court further declared the Governor had “no constitutional authority to restrict a citizen’s movements or activities and/or forcibly close business premises.” The plaintiff says “this ruling means there are currently no restrictions by the Governor.”

The basis for the ruling is a State of Emergency expires after 30 days in Illinois. What’s scary about California’s Emergency Services Act is there is no expiration date.

A State of Emergency continues, indefinitely, until the Governor chooses to terminate it. This requires the Governor to volunteer to surrender enormous power – something Gov. Newsom, to say the least, has refused to do.

For those keeping track, we’re on Day 125 of his runaway one-man rule. He’s issued 46 Executive Orders, changing 250 California laws, impacting the totality of life in our state.

I’m proposing that California law be changed so that, as in Illinois, a State of Emergency automatically expires after 30 days. My proposal is even endorsed by the LA Times.

Currently, the Emergency Services Act does allow the Legislature to end the State of Emergency, and I’ve introduced ACR 196 to do just that. But so far, Legislators haven’t had the political courage to advance my Resolution, fearing this would be seen as a hostile act against the Governor.

As for Gov. Newsom, he falsely accused me and my joint author of “attempting to prematurely declare an end to this ongoing crisis that has killed nearly 100,000 Americans.” By all indications, he intends to rule California by decree with no end in sight.

But if the State of Emergency had an expiration date, Legislators wouldn’t need to do anything for it to end. They could simply decline to extend it – requiring no courage at all – and the Governor’s powers would lapse, as they did in Illinois.

While the Emergency Services Act is remarkable for the extraordinary powers it gives a California Governor, what’s even more remarkable is Gov. Newsom has still far exceeded what the Act allows.

That’s why I took him to Court and won a Restraining Order. Thanks to the Governor’s delay tactics, the case remains on Appeal, but we’re confident the Court’s ruling will be vindicated – and I’m considering further legal challenges.

That’s our path for restoring checks and balances in California: fight the Governor in court, press the Legislature to stand up for itself, and reform the Emergency Services Act so we’re never at the mercy of one-man rule again.

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