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Court Rules Governor Can’t Have Unilateral Policy Making Authority

(Sacramento, CA) – Congressman Doug LaMalfa (R-Richvale) issued the following statement after a State Superior Court tentatively ruled in favor of Assemblyman James Gallagher (R-Yuba City) and Assemblyman Kevin Kiley (R-Rocklin) and their lawsuit against Governor Gavin Newsom’s abuse of power. In the ruling, the Judge placed a permanent injunction against the Governor, preventing him from unilaterally making or changing state law during the remainder of his administration. Additionally, the Judge declared the Governor’s recent Executive Order that makes changes to the state election process unconstitutional.

LaMalfa said: “Since the beginning of the COVID-19 pandemic, Governor Newsom has acted more like a monarch than one who seeks the consent of the governed in our Republic. Making unilateral and hasty policy changes that benefit him and his party without input from the Legislature has been extremely harmful to rural California, its small businesses, and morale in general.

“This is in clear violation of one of our fundamental principles outlined in the U.S. Constitution – the separation of powers. Recognizing this clear power grab, Assemblymen Gallagher and Kiley stood up to the Governor, and the Court checked his authority back in line with Constitutional principles.

“This victory brings the Governor back down to Earth, ensuring that policy-making powers remain in their starting point, the Legislature. The pursuit of the free and civil society that our Founders created is the duty of all of us to uphold and fight for. Today’s decision is a shining example of the delegation of powers of government as it should be in this country, indeed a civics lesson for old and young to witness and celebrate!”

You can find the tentative ruling issued today in Sutter County Superior Court, here.

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