Many have asked what’s taking the Court of Appeal so long to decide our case against Newsom. Now other courts are asking the same question.
The Pacific Legal Foundation, which is challenging Newsom’s business lockdown using our separation of powers argument, was just denied a preliminary injunction because the court in our case has not yet ruled. The judge in Fresno wrote:
“The court is aware of a matter fully briefed before California’s Third Appellate District, which raises some of the same issues presented in this case. This court will wait no longer for a determination in that case.”
That is incredibly frustrating, to say the least. Yet there’s a silver lining: the Fresno Court is acknowledging that our victory over Newsom, if upheld on appeal, is potentially a precedent for ending the lockdowns throughout California.
To be clear, I’m not criticizing the Court of Appeal for the delay. In fact, it may be a good sign. If the court were to take the route Newsom desperately wants, dismissing the case on a technicality, that would be a quick opinion to write.
On the other hand, if the court were to issue the first precedent-setting decision in California history restraining a governor’s emergency powers, that would be a longer and carefully worded opinion. If the Court of Appeal were to go a step further, and strike down the entire Emergency Services Act, that opinion would likely be written with even greater care.
None of this is to say I’m happy about the wait. 2021 simply cannot be a repeat of 2020; we need an end to one-man rule now. That’s why the lawsuits against Newsom continue to pile up. It’s why his approval rating is plummeting. It’s why our Healthy Communities Resolution has now been passed by a dozen counties.
And it’s why late last night, the Recall reached a new milestone. Just like that, we’re at 1.4 million signatures.
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