Home>Articles>Is Gov. Newsom’s Latest Emergency Order an Emergency, or Another Opportunity ?

California Governor Gavin Newsom speaking at a press conference outside Napa State Hospital, Napa, CA, Mar 24, 2022. (Photo: Sheila Fitzgerald/Shutterstock)

Is Gov. Newsom’s Latest Emergency Order an Emergency, or Another Opportunity ?

Newsom kept draconian Covid restrictions/mandates in place, then left the country for a Cabo vacation, went on a book tour, and attended the Super Bowl

By Katy Grimes, January 17, 2023 1:50 pm

Governor Gavin Newsom signed another storm recovery and emergency Executive Order on Monday, continuing to add state support as storms continue to batter California all over the state, the Globe reported.

The governor’s latest executive order declaring a state of emergency prompted several Globe readers to contact us, wondering if this is really an emergency worthy of the declaration, or if it is just one more opportunity for Gov. Newsom to get his mitts on more emergency funding – but more importantly, more mostly unlimited powers.

As the Globe reported, since late December, record rain and snowfall has besieged the state, responsible for at least 19 deaths, destruction all over California, and entire communities to be evacuated. As a result, in addition to local responses, both the state and federal governments have declared emergency orders, allowing extra funding to flow to the disaster areas.

On the state level, Governor Newsom issued a state of emergency over the storms earlier this month, mobilizing California agencies, including the California National Guard and the California Governor’s Office of Emergency Services (Cal OES).

At least the storms are an obvious emergency.

Last February, a GOP effort in the Assembly to end Governor Gavin Newsom’s two year COVID-19 state of emergency fell short of votes, with the Assembly voting 48-15 along party lines to keep the order in place until at least the current end date of March 31st, the Globe reported.

That order was extended again, and again, and again. And then in the fall, on October 2022, Gov. Newsom announced he would give up his Covid emergency powers February 28, 2023, touting “California’s pandemic response saved tens of thousands of lives, protected the economy, distributed nation-leading financial assistance and built up an unprecedented public health infrastructure.”

Throughout the years of Covid, the California Legislature could have and should have ended the governor’s emergency powers. It’s as if they were afraid to.

Berkeley Law explains the Governor’s Emergency Powers when a State of Emergency is Declared:

The Emergency Services Act (ESA) gives California’s governor broad emergency authority. Typically, the state constitution requires policy decisions (what we should do going forward) to be made through the deliberative legislative process.[1] But in a crisis, that authority (what we should do right now) may be consolidated and exercised by one executive. After declaring an emergency, a governor may disregard statutory law to direct state resources in responding to the crisis. By granting the governor these powers, the state legislature delegated its power to fix public policy and deploy funds during emergencies. This raises some separation of powers concerns that, while meritorious, have not proved so severe that California risks dictatorship.

The ESA grants the governor several powers, including the power to:

  • Suspend any regulatory statute, statutes for state business procedures, and any state agency edicts.[6]
  • Commandeer private property or personnel (except news services).[7]
  • Make expenditures from any available fund.[8]

“The law says that the Governor shall terminate the state of emergency at the earliest possible date that conditions warrant,” then-Assemblyman Kevin Kiley said in February. “And I do have to add, when you look at the Governors own behavior, when he went to a football game with 70,000 fans this past weekend and declined to wear a mask on many occasions, I’m not really sure what message that sends.”

“I don’t expect the Legislature to restrict any of the edicts of Newsom,” a Globe reader wrote in an email. “I think under the section, Analysis bullet point three, allows for spending from any source. Why would Newsom or any Governor restrict themselves from looting any accounts? In other words the Emergency Services Act allows complete discretionary expenditures from any and all accounts. A perfect excuse for Newsom.”

“What could be done is for the opposition to Newsom to point out this very real likely abuse to the public. Also I think Newsom could suspend Envrionmental and Water rules using the ESA. That could mean filling water storage throughout the State – Delta Smelt be dammed, so to speak. I doubt Newsom has so decreed. As I read we are continuing to allow water to flow freely to the sea when we, under the ESA could first replenish our storage capabilities. Newsom should be exposed and questioned.”

“As the saying goes, never let a crises go to waste. Some ambitious Democrats might be tempted to prod the Newsom as well. A bunch want DiFi’s nest.”

He has a point – several points, in fact.

“I wonder if  ‘the major questions doctrine’ might be employed in some ancillary issues. Gas Stoves, Schools, CARB mandates among others,” he added.

However, this is Gov. Newsom we are talking about.

Remember, it was California Gov. Gavin Newsom who extended California’s COVID  State of Emergency in November 2021 into its second year, ordered all students ages 5-11 to receive COVID vaccinations in order to attend in-person school, and kept mask mandates and vaccine requirements in place.

And then he left the country to take a week-long vacation in Cabo San Lucas.

And then Gov. Newsom traveled the country on a book tour. He stopped by a few talk shows on that book tour: “He went on the View, the Daily Show, and the Late Late Show in what might have been called a Tour de Lies,” Assemblyman Kevin Kiley said.

Then Gov. Newsom imposed another statewide indoor mask mandate.

One month later, while 5 year olds were forced to mask all day in California, Gavin Newsom and the mayors of LA and San Francisco enjoyed the Rams v. 49ers game maskless – in a packed stadium of 80,000. That means children went school in Los Angeles in a mask on Monday morning, while 80,000 Sports fans got to have unmasked fun only the day before, the Globe reported.

The point is, this is how seriously Gov. Gavin Newsom takes his own declared State of Emergency for a “pandemic” – it’s a means to an end to him.

How will this latest emergency, and the incoming funding, play out?

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8 thoughts on “Is Gov. Newsom’s Latest Emergency Order an Emergency, or Another Opportunity ?

  1. He is correct, we are in a state of emergency. We have idiots who only care about power running our state.

  2. The only emergency Californians face is having a petty dictator like Democrat Gov. Newsom in power. He needs to be brought before a tribunal and be held accountable for crimes against humanity for locking healthy Californians and small businesses down (while excluding himself and his cronies) during the COVID-19 scamdemic and for mandating experimental mRNA shots that have injured and killed thousands of innocent Californians. He and his soul have a lot to answer for?

  3. Gruesome has cried wolf and jerked Californians around so many hundreds of times and for so long we’ve lost count. We don’t know if we’re coming or going anymore and apparently neither does he. He has single-handedly made the term “State of Emergency” meaningless. Good job, Gavin! And the people in this state should not be in the eternal position of having to do higher math to try to figure out what kind of trickery this guy might be up to when we actually ARE in a dire situation and we actually DO need an emergency response.

      1. No kidding, Fed Up. “Newso-sistic Personality Disorder.” Re-named because you-know-who is the prototype.

  4. There are currently three state of emergencies in CA, the scamdemic remains for Newsom’s one man rule, drought emergency and flood emergency. Yes a drought and flood at the same time. Just covering all the bases. The only emergency in CA is GAVIN.

  5. Keep in mind – this Narcissist in Chief Governor is one of Klaus Schwab’s “Young Global Leaders”, similar to Justin Trudeau in Canada and Jacinda Ardern in New Zealand, and he “rules” with the same tyrannical diktats that those two sociopaths do to their populations…




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