featured graphic for California Assemblyman James Gallagher during COVID-19

Appeals court sets date in case against Gavin Newsom

California Assemblymembers James Gallagher (R-Yuba City) and Kevin Kiley (R-Rocklin) announced that an emergency powers has scheduled oral argument in their lawsuit challenging Governor Gavin Newsom’s abuse of emergency powers during the COVID-19 State of Emergency.

The parties will appear before the 3rd District Court of Appeal in Sacramento on April 20 at 9:30 AM.

“California has not been well-served by one-man rule. We are asking the court of appeals to affirm the superior’s court’s decision and protect our representative government from the abuses of this or any future Governor,” said Assemblymembers Gallagher and Kiley.

On November 14th, a California State Superior Court finalized its ruling determining that Governor Gavin Newsom abused his authority by changing state law in violation of the California Constitution during the COVID-19 pandemic.

The Assemblymembers’ lawsuit challenges the legality of Executive Order N-67-20 which changed several statutory laws overnight. Gallagher and Kiley contend that this was an unconstitutional act because it invaded the powers that are left to the Legislature alone. Newsom argued that a State of Emergency “centralizes the State’s powers in the hands of the Governor.”

This article was released by Gallagher for Assembly 2022.