Lawsuit claiming Gov. Newsom abused executive power moves forward


SACRAMENTO, Calif. (KTXL) — A lawsuit against Governor Gavin Newsom’s use of executive power is moving forward.

Assembly Member Kevin Kiley, R-Rocklin, is one of two Republican assemblymen preparing for oral arguments in the District Court of Appeal against Newsom.

“Governor Newsom has abused his emergency powers, has violated our constitution,” Kiley said.

Kiley told FOX40 they hope to defend a court’s ruling in late 2020 that said the governor abused his emergency powers in response to the pandemic.

After the ruling in November, Newsom requested an appeal and has defended his decisions, saying he’s made them in the interest of public health.

“We are very confident that the law is on our side. The laws of the state of California, the constitution does not allow for an autocracy under any circumstances, certainly not for a year and running,” Kiley explained.

Abuse of power is one of the reasons supporters cite in the effort to recall Newsom.

Election officials said, as of Monday, they’ve verified 1.2 million of the nearly 1.5 million signatures needed in order for the recall to qualify for the ballot.

“I think there’s a widespread sense of frustration, not only with the mishandling of this state’s response to COVID-19 but to the extent of which the people of California and their elected representatives have been disenfranchised for a year and running, now that the people of California essentially have no say in these monumental decisions that control the most basic facets of their lives,” Kiley said.

Oral arguments for the case are scheduled for April 20 at the District Court of Appeal in Sacramento.

FOX40 reached out to the Governor’s Office but have yet to receive a response.

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