I posted this comment below (for the most part) about a week ago when the tentative ruling was issued. I've updated it since this is now a final ruling.
In summary: the judge declared that a statute granting the governor emergency powers only allows him to temporarily suspend certain statutes, but not to amend them or create new ones, as that must be done by the state legislature. This was a separation of powers issue at the state level. The judge issued an injunction preventing the governor from amending or creating any further statutes, and providing declaratory relief to clarify what powers he has under this emergency statute.
This is the specific executive order that was invalidated with this ruling:
It is currently unclear whether this ruling will affect the ongoing shutdowns and whatnot, but this statement was contained on page 8 of the ruling:
"The Govemor has issued a multitude of executive orders under the purported authority of the CESA, many of which have amended statutory law. ... The state of emergency proclaimed on March 4,2020 due to the COVID-19 pandemic continues, with no end date in sight. ... The evidence persuades the Court it is reasonably probable the Govemor will continue issuing executive orders which amend statutory law and create legislative policy under the purported authority of the CESA, violating the Califomia Constitution and the rights of plaintiffs thereunder and giving rise to a multiplicity ofjudicial proceedings, unless restrained by a permanent injunction.
Gavin Newsom, in his official capacity as Governor of the State of California is enjoined and prohibited from exercising any power under the California Emergency Services Act (Government Code $ 8550 et seq.) which amends, alters, or changes existing statutory law or makes new statutory law or legislative policy."
I posted this comment below (for the most part) about a week ago when the tentative ruling was issued. I've updated it since this is now a final ruling.
Here was the tentative ruling:
https://www.suttercourts.com/sites/default/files/press_releases/Gallagher%20and%20Kiley%20v.%20Newsom.pdf
In summary: the judge declared that a statute granting the governor emergency powers only allows him to temporarily suspend certain statutes, but not to amend them or create new ones, as that must be done by the state legislature. This was a separation of powers issue at the state level. The judge issued an injunction preventing the governor from amending or creating any further statutes, and providing declaratory relief to clarify what powers he has under this emergency statute.
This is the specific executive order that was invalidated with this ruling:
https://www.gov.ca.gov/wp-content/uploads/2020/06/6.3.20-EO-N-67-20-text.pdf
It is currently unclear whether this ruling will affect the ongoing shutdowns and whatnot, but this statement was contained on page 8 of the ruling:
"The Govemor has issued a multitude of executive orders under the purported authority of the CESA, many of which have amended statutory law. ... The state of emergency proclaimed on March 4,2020 due to the COVID-19 pandemic continues, with no end date in sight. ... The evidence persuades the Court it is reasonably probable the Govemor will continue issuing executive orders which amend statutory law and create legislative policy under the purported authority of the CESA, violating the Califomia Constitution and the rights of plaintiffs thereunder and giving rise to a multiplicity ofjudicial proceedings, unless restrained by a permanent injunction.
Gavin Newsom, in his official capacity as Governor of the State of California is enjoined and prohibited from exercising any power under the California Emergency Services Act (Government Code $ 8550 et seq.) which amends, alters, or changes existing statutory law or makes new statutory law or legislative policy."