Fact Check: Governor Newsom is committing constitutional malpractice.

Fact Check: "Governor Newsom is committing constitutional malpractice."

What We Know

The claim that "Governor Newsom is committing constitutional malpractice" stems from a recent ruling by a California Superior Court Judge, which found that Governor Gavin Newsom has violated the Constitution. This ruling was issued in response to a lawsuit filed by Republican lawmakers Kevin Kiley and James Gallagher, who argued that Newsom's actions constituted a "one-man rule" and an abuse of power. The tentative ruling stated that there is good cause for a permanent injunction to prevent the Governor from issuing further unconstitutional orders (California Court Ruling Declares Newsom Violates ...).

The context of this ruling reflects ongoing tensions between the Governor's executive actions, particularly during the COVID-19 pandemic, and legislative oversight. Critics, particularly from the Republican party, have framed these actions as overreach, while supporters argue they were necessary for public health (California Court Ruling Declares Newsom Violates ...).

Analysis

The term "constitutional malpractice" is not a formal legal term but rather a rhetorical device used by critics to describe perceived overreach by elected officials. In this case, the ruling against Newsom indicates that a court has found merit in the argument that his actions may have exceeded constitutional limits. However, it is important to note that this is a tentative ruling and not a final judgment, meaning that the legal proceedings are ongoing and the ultimate outcome is yet to be determined.

The source of the claim, a statement from Senate Republican Leader Shannon Grove, reflects a partisan perspective and may carry inherent bias. While the ruling does suggest that Newsom's actions could be unconstitutional, it is crucial to consider that legal interpretations can vary widely and are subject to appeal (California Court Ruling Declares Newsom Violates ...).

Additionally, the broader context of Newsom's governance, including his signing of significant legislation such as the modernization of California's medical malpractice laws, shows that his administration is engaged in complex legal and political negotiations (Governor Newsom Signs Legislation to Modernize California's ...). This indicates that while there are challenges to his authority, there are also substantial legislative efforts underway that reflect a commitment to governance.

Conclusion

The claim that "Governor Newsom is committing constitutional malpractice" is Partially True. While a court has issued a ruling suggesting that some of his actions may violate constitutional principles, this ruling is still tentative and subject to further legal scrutiny. The use of the term "malpractice" in this context is more political rhetoric than a legal classification, and it reflects ongoing partisan debates about executive power and accountability. Thus, while there is a basis for the claim, it is essential to recognize the complexity and evolving nature of the legal situation.