Assemblymen James Gallagher and Kevin Kiley. (Photo: Facebook)
CA Assemblymen Kiley and Gallagher Court Hearing on Gov. Gavin Newsom’s ‘One-Man Rule’
This case is not about one particular law, but the rule of law
By Katy Grimes, October 19, 2020 1:04 pm
California Assemblymen Kevin Kiley and James Gallagher are suing to stop California Governor Gavin Newsom’s “one man rule.”
Kiley and Gallagher filed their most recent Trial Brief, and Gov. Gavin Newsom filed his. The trial will take place Wednesday, October 21, 2020 in Sutter County.
The Michigan Supreme Court recently struck down the 1945 law that Governor Gretchen Whitmer has been using to keep the state in lockdown since April. And in September, a federal judge in Pennsylvania ruled that Governor Tom Wolf’s lockdown orders were unconstitutional, violating both the First and 14th Amendments, California Globe reported.
“This brief and all prior briefs were written and argued by me and Assemblyman Gallagher alone, representing ourselves in pro per,” Kiley explained. “While we could have hired outside lawyers, we’ve felt compelled to personally stand up for our branch of government, and more importantly, for the people of California we were elected to represent.”
“That’s because this case is not about one particular law, but the rule of law – not about rectifying a single violation of the Constitution but redeeming the whole document.”
Kiley and Gallagher are asking the court for two things:
(1) “a judgment that the Executive Order so issued is null and void”;
(2), a court order stopping the Governor from further exercising any “legislative powers in violation of the California Constitution.”
Kiley and Gallagher argue that California’s Constitution has an explicit separation-of-powers provision, which Gov. Newsom has violated. “A California Governor is constitutionally forbidden from doing the very thing Gov. Newsom has done here: exercise legislative powers,” they say.
Gov. Newsom’s Executive Order to create an all-vote-by-mail-election suspends and substantively changes California’s Elections Code. Gov. Newsom contends that the order “fits comfortably within the Governor’s broad grant of authority under the Emergency Services Act.”
California is in its eighth month of Gov. Newsom-ordered lockdown under the COVID-19 pandemic, and still with no apparent end in sight.
“In addition to sweeping ‘guidance documents’ that close schools and shutter businesses, Governor Gavin Newsom has issued 55 Executive Orders that span 15 different California Codes and change over 400 state laws,” Kiley and Gallagher explain.
The crux of their legal argument: the California Emergency Services Act does not authorize Newsom’s unconstitutional actions:
“Contrary to the Governor’s claim, the Emergency Services Act does not and could not inaugurate an autocracy in the State of California. Such a wild misapprehension of his own authority is precisely why this case demands a resolution on the merits.“
Kiley described a potshot in Newsom’s own Trial Brief: “Though Plaintiffs (Kiley & Gallagher) claim to be guardians of the Legislature’s authority, notably, unlike in Michigan, the California Legislature as a body has not joined Plaintiffs’ lawsuit.”
“He’s got a point,” Kiley said. “California’s Legislature has been much more useless than the one in Michigan or pretty much anywhere. Its leaders, far from reining in Newsom’s abuse of power, have taken most of the year off.”
They also note that the Governor claims that his Executive Order is now moot because the Legislature passed legislation since then supporting the election changes. However, as evidence, the Governor submitted a Senate Floor analysis written by Senate Floor staffers. Kiley and Gallagher point out that a Senate Floor analysis is only evidence of what one Senate staffer thought, and not evidence of what the Senate or Senators believed when they passed the legislation.
Kiley and Gallagher warn that this could likely happen again, with the Governor issuing more Executive Orders altering or creating legislation, because “he has already issued three Executive Orders this year with regard to elections.”
The New York Times has a map of the 50 U.S. States in varying stages of re-opening, and some, like California, reversing re-opening plans.
Compare this to September 14, 2020 map:
California Globe will be attending the Superior Court hearing and will report the results.
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Break a leg, Asm Kiley and Gallagher!
And glad to hear The Globe will be monitoring the proceedings and reporting on them.
We should not trust the CA supreme initial findings. They may play along in our favor, just enough to get the fence sitters to vote blue, then reverse course and double down, and keep the lock downs going for years.
At least two of our legislators have a spine.
I pray that they take away this jerks powers if that is what we call it. He has damaged many lives one of which is my Daughter. She lost her Restaurant after eleven years of hard work. She kept paying the $7300 month rent until it was no longer possible. The restaurant was in a Sothern Calif tourist town, take out was not possible to survive. My daughter has now developed a severe drinking problem and is suffering from depression. I hope Newsome lives to be a 110 & has a heart attack every 20 mins. Newsom is a vile disgusting P.O.S.
I am so sorry to hear about your daughter. May she recover and be well very soon in spite of what has been done to her through these edicts and clampdowns. This is what is happening to people in California through NO FAULT OF THEIR OWN! It’s disgusting, sickening, outrageous, unacceptable, cruel, inhuman, sadistic, and irrational what Newsom is doing to the people of this state. He is such a virtue-signaling phony —- what does he expect people to do? This is so wrong. But he will be accountable one day, one way or another.
Are you voting Republican?
Recallgavin2020.com
I just wish it wasn’t in Sutter County. This is home for me, born and raised, just as it is for Gallagher. But now folks will flock here to see/report on the hearing, and find out what an awesome place Sutter County is! Then, they’ll move here and ruin everything.
Kiley and Gallagher are champions for those that are struggling. Never in history were the healthy told to quarantine. It absolutely horrifies me to hear the media say the wuhan virus is the cause for the economic damage! No, it was the heavy handed, unconstitutional edicts of Governors such as Cuomo and Newsom.
@SBcarnut, I am so sorry to hear about your daughter’s loss and wish her a full recovery. She along with thousands of others are part of Newsom’s collective collateral damage!
The consequences of a (2 week) eight month lockdown will be felt for years to come. From the start, It was my greatest concern along with the loss of life. True leadership would have taken into consideration all factors. A virus cannot be hidden from, it is an organism that is determined to live and replicate. We must continue to live our lives and take precautions and protect the vulnerable!
We as citizens can support their efforts by recalling Gavin Newsom. If you have not done so you have until Nov. 17 2020. Go to http://www.recallgavin2020.com and download the petition or locate a business where you can sign in person.
You’ve covered it all, Cali Girl. Thank you.
Newsom, has not quarantined you. He is providing for the common defense. The defense from the virus is a mask. The only way to treat you, if you get the virus, is a in a hospital. Yes, that assumes you get the virus.
I ask you, are you ‘free’ to drive on the left-hand side of the road?
No, because doing so would endanger the rights of other citizens to life.
Your rights stop at my nose. In this case what you may breathe into my nose.
Wear a mask or not, get sick or not, it is none of my business. If you do get the virus it is your problem. Should the hospitals refuse to treat you because you didn’t wear a mask? NO.
It is the business of the state to provide for the common defense. Our hospitals are our common defense against a virus that you can carry and transmit without any symptoms.
Thanks, Katie, for covering this most important and timely (or past time) dilemma. All Californians should listen up and get rid of this loser Governor.
Who is going to be the judge?
Will there be live coverage??
Wow in the year 2020 the great state of California and all its citizens are ruled by the impulses of one man. You would think this type of power and control would not be tolerated in this so called free country but their are at least 7 million people in California who believe and voted otherwise. Two political parties that don’t care that they have forced millions of people to lose jobs, healthcare, homes, businesses and refuse to compromise on a stimulus deal blaming the other side. And people believe this garbage and blame trump or Pelosi. How does Pelosi have net worth be over a hundred million dollars by the way? What’s the salary for house speaker? The question is rarely asked but why was a guy like Trump even voted in as President in the first place? Maybe most American are tired of this system. It might be coming back in Biden. How can they call this a great reset and new normal when the same old corrupt to its core government is in place. Nothing will change unless we all come together as one and get rid of each and everyone of them or force them to do what they were voted in to do. Represent the people.
Get rid of Newsome! He’s caused so much harm I’m disgusted ????????
https://recallgavin2020.com