Yesterday, November 2, 2020, in a victory for all liberal-minded Americans opposed to the unconstitutional overreach of an Executive Branch legislating through Executive Orders, a California Superior Court judge rebuked Governor Gavin Newsom in a lawsuit challenging the constitutionality of his abuse of power under the California Emergency Services Act (“CESA”).

The Honorable Sarah Heckman issued a stern rebuke against Governor Newsom, reminding him and his office multiple times throughout the Tentative Ruling that the Governor is allowed only to make, amend, and rescind orders and regulations,” and may “suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules or regulations of any state agency.” In order to ensure that no parties could misinterpret her ruling, Judge Heckman simplified her ruling to state, “Section 8627 [of the CESA] does not empower a governor to make or amend statutory laws.”

Judge Heckman then issued declaratory relief, stating that the CESA “does not authorize or empower the Governor of the State of California to amend statutory law or make new statutory law, which is exclusively a legislative function not delegated to the Governor under the CESA.” Furthermore, Judge Heckman issued a permanent injunction against Gavin Newsom enjoining and prohibiting him from exercising any power under the CESA that “amends, alters, or changes existing statutory law or makes new statutory law or legislative policy.”

Judge Heckman’s decision will become final in 10 days unless Newsom’s attorneys can raise new challenges to circumvent the ruling and the California Constitution. We will keep an eye on this developing situation and provide further updates as needed.