SACRAMENTO – Today, Assemblymembers James Gallagher (R-Yuba City) and Kevin Kiley (R-Rocklin) introduced ACR 57, which expresses the legislature’s support of the ruling in Gallagher v. Newsom, and urges Governor Newsom to comply with the court’s clear directive not to exercise legislative powers. Since the beginning of the pandemic, the Governor has exercised sweeping authority, governing for months using the powers provided in the California Emergency Services Act (CESA).
“The CESA does not grant the Governor absolute power to govern in an emergency- the legislature still retains authority with regard to policymaking and amending and creating state laws,” said Gallagher. “California has not been well-served by one-man rule. We must assure our representative form of government is never again a casualty of crisis,” added Kiley.
On November 13, 2020, the Sutter County Superior Court issued a final ruling in the lawsuit brought against Governor Newsom by California Assemblymembers James Gallagher and Kevin Kiley. The lawmakers challenged of the legality of Executive Order N-67-20 and the Governor’s ongoing abuse of separation of powers. In the ruling, the court determined that Governor Newsom abused his authority by changing state law in violation of the California Constitution during the COVID-19 pandemic, and placed a permanent injunction against the Governor, which prevents him from unilaterally making or changing state law moving forward.
This ruling set an important precedent and continues to be relevant today. The Governor continues to exercise authority under the March 4, 2020 COVID-19 State of Emergency proclamation. Guarding the legislatures’ constitutional authority is important during this and future emergencies. ACR 57 affirms the separation of powers necessary to ensure the checks and balances fundamental to our system of government.
For more information on Assemblyman Gallagher, and to track legislation visit www.assembly.ca.gov/Gallagher