Professor Tom W. Bell of Chapman University, Fowler School of Law.
What if I told you that Gavin Newsom’s COVID-19 lockdowns exceed his lawful authority as California’s governor, violate the state’s constitution, and will soon be struck down by its Supreme Court? Would you believe it? If not, brace yourself for a pill of truth that, however hard to swallow, offers judicial salvation to a state suffering a bad case of unconstitutional delegation.
The medicine comes from Michigan, another state recently paralyzed by pandemic lockdowns. On March 10, Gov. Gretchen Whitmer declared a state of emergency under Michigan’s Emergency Powers of the Governor Act (EPGA). She followed this with a series of orders effectively shutting down much of the state economy and putting her firmly in charge. Does that sound familiar, California? It should. On March 4, Newsom declared a state of emergency under California’s Emergency Services Act (ESA) and did likewise.
