How long will Newsom rule one man?

Briefly

California Gov. Gavin Newsom had been ruling by emergency decree for eight months, but a judge said he went too far by ignoring state laws.

California has been a one-party state for the past decade, with Democratic governors and major majorities in both legislatures doing what they like without regard for the relatively small number of Republican lawmakers.

However, one-party rule gave way to one-man rule eight months ago when Governor Gavin Newsom declared a state of emergency over the COVID-19 pandemic, thus empowering himself to rule by decree and suspend any laws that stood in his way.

Democratic lawmakers were totally complicit, even suspended their proceedings and abandoned Sacramento for several months. Ultimately, however, they even got a little annoyed by Newsom’s endless series of emergency orders.

In fact, some of these orders passed new law, and while Democratic lawmakers stood by, Republican lawmakers, Kevin Kelly and James Gallagher, filed a lawsuit, claiming Newsom had gone too far.

Last week, Sutter County Supreme Court Justice Sarah Hickman sided with the Republicans, declaring that Newsom’s decision to change November election procedures, including mandating mailing ballots to each voter, crossed the line.

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Although the legislature subsequently ratified the electoral changes, Hickman wrote that it was still important to place limits on the governor’s powers under the California Emergency Services Act. Hickman indicated that in its final ruling, Newsom will be permanently banned from issuing any order that “modifies, alters or alters existing statutory law or creates new statutory law or new legislative policy”.

Hickman, who was elected in 2012, wrote that “the principle of separation of powers prohibits any of the three branches of government from exercising the full constitutionally conferred power of another or exercising power in a way that undermines another’s authority and independence.”

The law authorizing a governor to declare a state of emergency and suspend laws that impeded rapid response was clearly intended to cause some immediate disasters such as floods, earthquakes, or riots. He envisioned something like a government at the time. Pete Wilson suspends contract tender laws to rapidly rebuild a major highway after the 1994 Northridge earthquake.

COVID-19 requires a quick response, but it’s also something that, in one form or another, can last for years. It is conceivable that Newsom could continue ruling under his emergency decree for the remainder of his first four-year term.

Even before the pandemic broke out, Newsom was vulnerable to circumventing laws that could derail everything it might wish to do. He brags, for example, that he ignored state law when, as mayor of San Francisco, he unilaterally authorized same-sex marriage. Most recently, he announced that there would be no execution for killers during his tenure even though the death penalty in California remains law – a ruling that voters refused to overturn just four years ago.

Newsom claims that moral necessity is a justification for his actions, but if elected officials ignore laws they do not like or find inappropriate, they undermine the concept of governance under the law and encourage disrespect for legal authority. Ironically, this is the same governor who is calling on 40 million Californians to comply with his pandemic decisions, such as shutting down small businesses.

Sure enough, Judge Hickman’s order will be appealed and the case will likely end in the state Supreme Court. Newsom’s press secretary Jesse Melgar said Newsom and his advisers “strongly disagree” with “specific restrictions” on the governor’s emergency authority.

Meanwhile, it is time for the entire legislature, not just Kelly and Gallagher, to reassert their equal authority rather than allow Newsome to operate indefinitely as a singles group.

The law that gives Newsom the power to declare a state of emergency also allows the legislature, on its own initiative, to terminate such an order.

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