We finally heard from the court.
Our case against Gavin Newsom will be heard by the 3rd District Court of Appeal in Sacramento on April 20 at 9:30 AM. Newsom is appealing the Superior Court’s ruling that he abused his emergency powers.
In October James Gallagher and I defeated Newsom at trial, handing him his first loss in court. The Superior Court ruled that his one-man rule violated the Constitution and restrained him from further unconstitutional orders.
Newsom’s lawyers rushed to the Court of Appeal, insisting the ruling “called into question vast swaths of the State’s emergency response” and threatened to invalidate “dozens of other executive actions.” Newsom himself called it a “profoundly important decision.”
The Court of Appeal declined Newsom’s wish for an immediate reversal, instead setting a rapid briefing schedule and teeing up the first precedent-setting decision in California history on the limits of a governor’s emergency powers. We’ve been waiting ever since.
With everything that’s happened over the last few months, the wait has been frustrating to say the least. But even an April ruling is much better than nothing. Another California court has already acknowledged this case could be a precedent for ending Newsom’s harebrained color/tier lockdown scheme.
That’s crucial, as Newsom recently tried to declare that we are “not going back to normal.” From the beginning, he hailed COVID-19 as the dawning of a “new progressive era” and an “opportunity to reshape the way we do business and how we govern.”
This case can lay to rest Newsom’s autocratic designs once and for all, along with those of any future governor who would exploit “emergency powers” to shred our Constitution and upend our way of life.
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