State appeals court upholds Gov. Newsom's emergency powers during pandemic

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Gov. Gavin Newsom wins his appeal of a judge's ruling last year that he didn't have the right to change state laws during the COVID-19 pandemic.

A state appeals court decided unanimously Wednesday that Gov. Gavin Newsom has the legal right to modify or make new state laws during the COVID-19 pandemic.

“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. The California Constitution gives only the Legislature the power to create laws. But the appeals court said the Emergency Services Act was constitutional because it provided only temporary powers and contained “an important safeguard.”

 

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