Oregon Supreme Court issues stay of decision to throw out Governor's orders

A preliminary injunction from a Baker County Circuit Court judge to nullify Governor Brown's coronavirus restrictions has been put on hold.

Resulted in the drug busts.old is in place.

The state supreme court received the case after the governor and the attorney general filed an appeal.

A judge earlier today threw out the governors stay at home saying she didn't have the authority to make an emergency ruling la a statement that said in part... following swift action by the oregon supreme court, my emergency orders to protect the health and safety of oregonians will remain in effect statewide while the court hears arguments in this lawsuit.

The governor went on to say that people should wear face coverings and continue to physically distancing and stay at home as mrom southern oregon.

Newswatch 12 has been following the case since it was initially filed.

On newswatch 12 at 4 we spoke with one of the plainitiffs from southern oregon.

He said he understands the potential risks from the virus but that the governors order is not a legal way to protect people.

"i am pleased with the ruling because it is upholding the rule of law.

Now i know a lot of people who have been sick from this virus or likely sick because of it.

We test positive, some of the tested positive, but, um, and that concerns me.

And so i know that there is legitimate concern for the virus.

I don't deny that and i want everyone to stay safe.

Um, but at the same time, we have to operate within the law."

Mccampbell said the governor could have called the legislature back into session to pass a law that would have exteneded her power but that she chose not to..

Other laws already on the books.

There are two laws that concern the governors ability to use her executive powers.

There is one that limits her powers to a specific number of days.

But there is another law that doesn't.

"the public health statute, the one with the time limit has a provision in it that says nothing in this public health statute shall, um, should be, uh, understood to declare, um, any limits on the governor's power to declare a general state of emergency.

So the attorney general will go to the oregon supreme court and say that provision in the time limited public health statute shouldn't place any limitations on the governor's power to declare the state of emergency that she's been using."

The oregon supreme court tonight