Kate Brown is playing a dangerous game with the Health and economic welfare of Oregonians by suspending EO-03, which started the entire lock down on March 8, 2020, in order to avoid losing control of the CV-19 narrative and forcing her to re-open Oregon’s economy.
Under a “Stay” order forced by Brown earlier today, by Baker County Circuit Judge Matthew Shirtcliff, ruling the lockdown violated emergency powers that can last only 28 days without legislative approval. Approval that was never sought by Brown.
However, Brown’s administration had anticipated this ruling by issuing EO 20-25 on 5/14/20 and suspending 20-03 today. The State of Oregon appealed this to the Oregon Supreme Court arguing that the case be dismissed immediately due to EO 20-03 no longer being in effect as it was suspended already and holds no bearing anymore in the existing suit. The Oregon Supreme Court today put the ruling on hold which the “restrictions will remain in effect while the court hears arguments in the case.”
There is recent precedent here in the case of United States v. State of NY, whereby SCOTUS had originally agreed to hear a 2A case but instead pushed the case back to the appellate courts due to NY rescinding the law in question. SCOTUS said there was no case if the law didn’t exist.
In a nutshell Brown’s administration is attempting to run out the clock until November and keep Oregon locked down under 20-25, which by the way, also criminalizes any non-compliance under the color of law. Well, it is not the law. EO 20-25 is executive governance by dictatorial fiat. If the existing suit is dismissed it could take weeks to put together another suit to put EO 20-25 into the dust bin of unconstitutionality as we see it. By then our economy will be completely devastated across the entire state with large swaths of small businesses never to return. Period.
Update: From a reader. “Hi James, I’ve seen your recent article, and I”m not sure it’s correct. Here’s my understanding: EO 20-03 was not rescinded and EO 20-25 was issued under the powers granted in 20-03. EO 20-25 was also ruled as null and void. “This court finds that when the Governor utilized the provisions of ORS 433.441 in her executive order, she triggered all the provisions of ORS 433.441 including the time restrictions,” the judge wrote. “By doing so, the executive order [Initial EO 20-03] became null and void beyond the maximum 28-day time period allowed by the statute. Moreover, by not complying with (the) timelines, the Governor’s subsequent Executive Orders 20-05 through 20-25 are also null and void.” Obviously, the courts are still deciding this, but she can’t issue EO 20-25 without having emergency powers, and EO 20-03 was the order that gave her those powers. EO 20-25 didn’t re-issue her emergency powers.
In fact, EO 20-25 specificially states that EO 20-07 through 20-12 are rescinded and replaced. It doesn’t not rescind 20-03. Look at page 12; https://www.oregon.gov/gov/Documents/executive_orders/eo_20-25.pdf