Democrats always counted on the courts to bail them out.
Now all hell is breaking loose.
And the Supreme Court threw a top Democrat a lifeline with a career-changing ruling.
Two California state legislators, Kevin Kiley and James Gallagher, sued Governor Gavin Newsom over an executive order granting Newsom emergency powers during the coronavirus outbreak.
Kiley and Gallagher sued over a section of the order Newsom used to open up additional polling places for the September 14 recall election.
If a majority of Californians vote to recall Newsom, Newsom leaves office and the voters pick one of the 46 candidates that qualified for the ballot to replace Newsom.
The California State Supreme Court rejected the suit arguing a law Ronald Reagan signed superseded Newsom’s executive order, writing that the law grants“complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the State of California.”
Gallagher tweeted that “it means that the highest court in CA has taken a pass on providing any legal review of perhaps the greatest example of executive overreach in modern history. They literally have nothing to say about it. Sad.”
Newsom spokeswoman Erin Mellon praised the decision.
“It’s a law that carefully balances the Legislature’s and Governor’s roles, and we’re glad the state Supreme Court recognized there was no need to entertain fringe legal theories that sought to upset that balance,” Mellon wrote to Fox News.
Polls show the recall is a toss-up race.
One Survey USA poll even showed voters favored recalling Newsom by an 11-point margin.
The recall effort picked up steam last fall after Newsom got caught dining out at the French Laundry restaurant with a large group after Newsom told Californians to sit at home by themselves during Thanksgiving to supposedly slow the spread of the coronavirus.
Newsom’s situation further deteriorated this summer as crime rose as a concern for California residents.
Democrats did not run a major candidate as part of a strategy to convince skeptical Democrat voters to oppose the recall by not having a palatable option to pick from to replace Newsom.
But with polls showing voters split on the recall, the decision not to put a big-name Democrat on the ballot could prove to be a blunder.
With 43 Republicans running to replace Newsom, conservative talk show host Larry Elder could be the next governor of California by winning as little as 25 percent of the vote.
That’s why Newsom tried to rerun the playbook from 2020 where Democrats exploited the coronavirus to massively expand mail-in voting.
In addition to expanding voting locations, Californians are allowed to print their own ballots at home and mail them in.
And the California State Supreme Court just handed Gavin Newsom a massive boost just ahead of the September 14 recall election.
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