Two lawmakers are suing Newsom for using executive orders
Two state lawmakers are suing Governor Newsom for repeatedly exceeding his authority.
LOS ANGELES – – Wednesday marked the first day of trial against Governor Newsom's use of executive orders during the COVID-19 pandemic after he was sued by two lawmakers who alleged he had exceeded his authority and violated the constitution by acting as "A -Mann "acted government."
State lawmakers Kevin Kiley and James Gallagher filed the lawsuit against Newsom after signing Executive Ordinance No. N-67-20, which required districts to post all eligible voters and the number of polling stations and votes regulate -mail drop-off points during this election.
Kiley, Gallagher and Newsom attorneys spent hours before a judge on Wednesday to present their legal arguments. This was the first time both sides had faced a lawsuit: "I thought it went well, I think the law is on our side," Kiley said.
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"The facts are on our side, and certainly the public interest is on our side in restoring a semblance of checks and balances in California."
Kiley told FOX 11 that he believes Newsom has drastically exceeded California's emergency capabilities. "
He claims that at the moment, because there is a state of emergency, all powers of the state, including the powers of the entire legislature, are in his hands, and we disagree, we don't believe there is any authority to do so in California law Make the state a one-person government and if there was a law that said it would be against that law, ”he said.
Newsom lawyers said in court Wednesday that the state legislature is moving too slowly and that the governor must use his powers to make decisions for the public good during the crisis.
The Newsom office did not respond to FOX 11's request for comment on Wednesday afternoon: “This is one of the things you have argued. We are in an emergency and it takes a long time to pass a law so the governor should be able to snap his fingers and do it alone, ”Kiley said.
"It's completely rational for people to feel that this is a lot of government in our lives, and that's spot-on, but that doesn't necessarily mean it's illegal," said Jessica Levinson, professor of constitutional law the Loyola Law School.
“The way our system is set up is that governors have extensive emergency powers, including health, safety and welfare. In emergencies and times of crisis, governors can do things that we would never have expected in normal times.
Newsom needs to show that it serves an important government interest, and the way it serves it goes well together. The judge is expected to make her decision in the next two days, and Kiley is cautiously optimistic.
"I'm not sure the governor's lawyers really made any legal arguments in defense of his conduct," he said. "I hope it will be an important moment for our state to put an end to this idea that we can have an autocracy for 8 months with no end in sight."
Kiley said if the judge agrees with his legal reasoning, he will ask that the governor no longer issue any more unconstitutional executive orders.
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