A state appeals court decided unanimously Wednesday that California Gov. Gavin Newsom has the legal right to modify or make new state laws during the COVID-19 pandemic.
The three-judge panel of the Sacramento-based 3rd District Court of Appeal said the California Emergency Services Act grants the governor such powers during a crisis. The panel also decided the 1970 emergency services act was constitutional.
The ruling stemmed from a Sutter County Superior Court judge’s decision in November to issue a preliminary injunction blocking Newsom from issuing executive orders that make new law. Newsom has issued about 50 such orders since declaring a state of emergency for the pandemic in March 2020.
The Court of Appeal temporarily blocked the county judge’s injunction in November pending an appeal.
Deciding that appeal on Wednesday, the 3rd District court said the 1970 act gave governors legal authority to change state laws in response to urgent matters.
“The superior court erred in interpreting the Emergency Services Act to prohibit the Governor from issuing quasi-legislative orders in an emergency,” wrote Presiding Justice Vance W. Raye, appointed to the court by former Gov. George Deukmejian, a Republican.
“We conclude the issuance of such orders did not constitute an unconstitutional delegation of legislative power.”
The court noted that the emergency services act contained “an important safeguard.” It requires the governor to proclaim an end to the emergency at the earliest possible date. The emergency powers vanish after the emergency has been declared over by either the governor or a resolution by the Legislature. At the end of the emergency, the executive orders are nullified.
Raye distinguished the California law from a Michigan law granting the governor emergency powers during a crisis. The Michigan Supreme Court overturned the law last year.
“Unlike the Michigan statute, the Emergency Services Act obligates the governor to declare the state of emergency terminated as soon as conditions warrant, and, more significantly, empowers the Legislature to declare the emergency terminated,” the court said.
The legal challenge against Newsom was filed by two Republican state assemblymen, James Gallagher of Yuba City and Kevin Kiley of Rocklin.
