The Ultimate Lawsuit
Gavin Newsom is off to New York to promote his new children’s book. This comes after 3 days in Nevada, a week in Cabo, and a mysterious 13-day disappearance.
He’s chosen a bad time to go jet-setting. Just as courts have stopped all three of Joe Biden’s mandate orders, the Orange County Board of Education, led by Mari Barke, has filed a new lawsuit to terminate the State of Emergency.
The premise is simple: a Governor doesn’t get to end the emergency at his leisure. He’s required to do so “at the earliest possible date that conditions warrant.” In my own case against Newsom, the Court made this very clear:
“The Emergency Services Act is not a statute of indefinite duration…The Emergency Services Act obligates the governor to declare the state of emergency terminated as soon as conditions warrant.”
The Court in Gallagher and Kiley v. Newsom further reasoned that a Governor needs to be able to respond quickly to emergency conditions. This suggests that if the Governor vacates his office to go on a national book tour, it’s no longer legally an emergency.
Finally, the Court in our case emphasized that the Legislature can also end the emergency – as I’m trying to do with ACR 46. But Newsom has denied the Legislature information, refusing to respond to my letter asking what metrics he’s using to justify it.
This is the ultimate lawsuit, as ending the emergency causes all other orders to expire. Granted, the courts have failed us time and again. But with Newsom off hawking books in the Big Apple, they might have a harder time ignoring what a farce this has become.
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