Government,
Constitutional Law,
California Supreme Court,
California Courts of Appeal
Jul. 8, 2021
State high court should decide whether governor can legislate
In a first, a California Court of Appeal has issued an opinion that holds that the governor has the power to unilaterally legislate during a declared state of emergency, which legislation expires upon the emergency’s termination. Unless the California Supreme Court grants review to clarify the scope of any such power or depublishes this opinion, it will allow future governors to legislate during emergencies for years to come.
Daniel M. Kolkey
Gibson Dunn & Crutcher LLP (ret.)Email: dkolkey@gibsondunn.com
Daniel was counsel to Gov. Pete Wilson, a negotiator for Gov. Arnold Schwarzenegger, and a former associate justice of the California 3rd District Court of Appeal.
In a first, a California Court of Appeal has issued an opinion that holds that the governor has the power to unilaterally legislate during a declared state of emergency, which legislation expires upon the emergency's termination. Unless the California Supreme Court grants review to clarify the scope of any such power or depublishes this opinion, it will allow future governors to legislate during emergencies for years to come. After all, most emergencies do not last lo...
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