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Judge rules Gavin Newsom can create no laws under COVID-19 emergency powers

November 3, 2020

The Election Day open thread is below this post because I did not expect to write anything tonight. However the following story caught my eye this morning and I fell it needs to be mentioned.

As the drum beats and we march slowly but steadily towards totalitarianism, and as we allow the Governors to take away our rights under the guise of protection, the last vestiges of freedom are being fought for in the court system.

The courts have been spotty when it comes to how much power a Governor is allowed to usurp during a “crisis” such as COVID-19, there have been some wins and some loses. The most recent case was a win for a restaurant owner in Pennsylvania over fines which were imposed on the business for having the audacity of trying to make a living while the Governor is trying to become all-powerful.

Some State Governors have been more fragrant in the violations of our rights than other States have been and one of the worst has been Gavin Newsom of California. Gavin Newsom has been using emergency powers under the “California Emergency Services Act” to trample on his subjects and their rights. But there is a bit of good news coming out of the State as a Judge has ruled that Gavin Newsom overstepped his bounds and can no longer use that act to create law. Here is more:

Sutter County Superior Court Judge Sarah Heckman barred Newsom from making new coronavirus laws that use the “California Emergency Services Act [which] amends, alters, or changes existing statutory law or makes new statutory law or legislative policy.”

The decision Monday afternoon was a pointed reminder to Newsom that there’s such a thing as a legislature, whose job, after all, is to make laws. It forbade him from exercising, as my colleague over at RedState Jennifer Van Laar characterized, “one-man rule.”

That assessment was echoed by California State Assemblyman Kevin Kiley, who said, “the judge has ruled in our case against Gavin Newsom. We won. The Judge found good cause to issue a permanent injunction restraining the Governor from issuing further unconstitutional orders.”

Chalk up another win for the good guys in the fight for liberty and freedom.

malo periculosam libertatem quam quietum servitium

11 Comments leave one →
  1. MaddMedic permalink
    November 3, 2020 10:07 pm

    See Michigan’s wicked witch Gretchen Whitmer….Democrats do what they want..

    Liked by 1 person

  2. Dr. Jeff permalink
    November 4, 2020 3:58 am

    We don’t get much good news out here.

    You can’t imagine what it’s like living in an area that voted 73/26 for Biden.

    I live in the land of the terminally indoctrinated. I actually quit paying attention to state and local politics because it was so obviously fixed. The day Jerry Brown was re elected as Governor after the debacles decades before was the turning point.

    Liked by 1 person

    • November 4, 2020 5:12 am

      You have to take the small victories when you can out there, they are few and far between!


  3. November 4, 2020 10:36 am

    Thank you for sharing this positive turn! Newsom, Cuomo, DeBlasio (and several others) need to go (and sooner than later). Perhaps our laws will once again be upheld and we can move on from this nightmare. How I would love to see America return to the America I’ve known and loved with justice in the courts rather than power mongering legislators dictating what freedoms we are and aren’t allowed to have. Good Lord, are we finally returning to a sense of sanity in this country? I can only pray the 2020 results will be so black and white that Americans will have no other choice than to work together as a country. (Well, I suppose that may sound like a dream, but…)

    Liked by 1 person

    • Bruce Booher permalink
      November 4, 2020 12:51 pm

      I agree with you WG. I had told a friend that if Trump was re-elected, the worst case scenario was that things would be more like it was when I was young. With Biden, things would be like they they have never been in America, ie Godless big government socialist programs designed to take away liberty.

      Liked by 2 people

      • November 4, 2020 7:46 pm

        Let’s hope the Republicans hold the Senate, although we can expect Biden to use the EO to pass his agenda. My biggest problem with Trump was him using the EO so much.


      • November 6, 2020 7:33 am

        I do believe Trump is the voice of the people and we cannot stand by and idly watch fraudulent election results be reported before our eyes — more blatant lawlessness as they’ve been doing throughout America this year, and we stood in disbelief.

        Liked by 1 person

    • November 4, 2020 7:44 pm

      We have to take the small victories when we get them because they are few and far between nowadays.

      Liked by 1 person

  4. Bruce Booher permalink
    November 4, 2020 12:47 pm

    Sadly, this judgement is too little too late. Gov Gruesome is just getting started. We are a one party state. Who the hell is going to stop him?

    Liked by 1 person

    • November 4, 2020 7:46 pm

      Yeah, you are probably right and if he just ignores the ruling what will happen to him?


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