The Supreme Court today denied review and a depublication request in Newsom v. Superior Court (Gallagher).  It was another case on the court’s pandemic docket.

The Third District Court of Appeal’s published opinion in the case rejected a challenge to a Governor Gavin Newsom executive order, issued near the beginning of the Covid-19 pandemic under the California Emergency Services Act, that required all California voters be mailed a ballot for last year’s election.  The appellate court held that the Act did not “prohibit the Governor from issuing quasilegislative orders in an emergency” and that “the issuance of such orders did not constitute an unconstitutional delegation of legislative power.”

One of the parties to the case was Kevin Kiley, a California Assemblymember who is also a candidate to replace Newsom if Newsom is recalled at next month’s election.


Former Governor’s aide (who is also a former Court of Appeal justice) wants Supreme Court to rein in Governor’s powers