Sutter County Judge rules Newsom pandemic order unconstitutional exercise of legislative power

 

Sutter County Superior Court Judge Sarah Heckman issued a preliminary order today against Governor Gavin Newsom executive orderabout vote by mail ballots and access to polling locations due to the COVID 19 pandemic. Legislators ended up approving the same mandate, so the order will not impact Election Day.

Judge Heckman ordered Newsom to stop making additional executive orders that could contradict state laws, after determining one of his orders was “an unconstitutional exercise of legislative power.”

Judge Heckman's order prevents Newsom “from exercising any power under the California Emergency Services Act which amends, alters, or changes existing statutory law or makes new statutory law or legislative policy.”

Heckman’s order will become final in 10 days if Newsom does not challenge it. The governor’s spokesperson, Jesse Melgar said that the administration is looking into next steps and does not agree with the ruling’s limitations.

Republican state Assemblymen James Gallagher and Kevin Kiley challenged Newsom's order saying it was an abuse of power.