Earlier this week, we filed our dispositive motion to end Gavin Newsom’s one-man rule. You can read our brief here.
Now, Newsom has filed his own motion to try to wiggle his way out of court, arguing separation of powers is “academic.” So we’ve had to file another 15-page Opposition Brief to deal with this Hail Mary.
There’s an old saying: If you have the facts on your side, pound the facts. If you have the law on your side, pound the law. If you don’t have either, pound the table.
Gavin Newsom knows the facts and law are against him, and his self-proclaimed autocracy faces a reckoning in a matter of weeks. So he’s frantically pounding the table.
Actually, he’s been pounding it for some time. In this case, Newsom has gone to extraordinary lengths to escape judgment. In a fit of spite, he even had the judge who ruled against him removed from the case.
His latest motion bizarrely claims our case is “moot,” meaning “obsolete,” “beside the point,” or an “abstract proposition” of only “academic interest.” Last I checked, the State of Emergency was still in effect. For 40 million Californians, that is anything but an abstract or academic matter.
So far, none of these antics have worked. Our dispositive motion will be heard in a matter of weeks, and trial is set for Oct. 21.
Gov. Newsom knows he’s been caught red-handed. While he’s been abusing his powers left and right, with Executive Order N-67-20 that is easily proven. Courts are generally reluctant to rein Governors in, but with this order the case is clear-cut. That’s why ours is the one case in California where a court has ruled against the Governor.
The relief we are seeking would end Newsom’s ability to monopolize all powers of government for himself and unleash them on the people of California. As we say in our Opposition Brief, “The Complaint on its face encompasses broader relief to enjoin Defendant’s future usurpations.”
In other words, a final judgment in our favor will create the legal precedent for ending Newsom’s one-man rule.
That’s why the stakes are so high. This is our best chance to check Gavin Newsom’s executive overreach and see that our republican form of government is never again brought to the point of collapse by a runaway Governor.
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