In response to a follow-up inquiry from The Times, Newsom’s office said: “The state of emergency ensures that the state can continue to respond quickly to evolving conditions as the pandemic persists. “I believe it is time for him to hang up his crown and restore our democracy.” “If Newsom believes the state is safe enough to reopen, then it’s safe for people to be able to make decisions for themselves without his arbitrary and capricious rules,” state Senate Republican leader Scott Wilk of Saugus said in a statement Friday. The three-judge panel of the Sacramento-based 3rd District Court of Appeal said the Emergency Services Act is constitutional because it provides only temporary powers and contains “an important safeguard.” The court said that safeguard was a requirement that the governor, or the Legislature, proclaim an end to the emergency at the earliest possible date. Though the California Constitution gives the power to create laws only to the Legislature, a state appeals court ruled just last month that the 1970 California Emergency Services Act grants the governor the power to change state law during a crisis. Dozens of orders have been issued since the state of emergency was declared among them were California’s mask mandate and the directive that ballots be mailed to voters for last November’s election.
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