A state appeals court upholds Gov. Gavin Newsom's use of emergency powers during the coronavirus pandemic.
The three-judge panel overturned a lower court's ruling that found Gov. Newsom exceeded his authority by requiring that mail-in ballots be sent to all California voters.
And it found that the prior judge "erred in interpreting the Emergency Services Act to prohibit the governor from issuing quasi-legislative orders in an emergency."
"What the appeals court said is, what we all know, which is that governors have broad police powers during the time of emergency and that includes a pandemic to implement a whole host of different regulations in order to protect us," said Loyola Law Professor Jessica Levinson. "We were in a pandemic that started right before presidential, senate and statewide elections and the governor had to take actions."
The Republicans suing the governor, Assemblymen James Gallagher and Kevin Kiley, called the appeals court ruling "startling" and say they'll appeal to the state Supreme Court.
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