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Baker County judge upholds ruling against Brown's orders

The judge who ruled that Gov. Kate Brown’s executive orders weren’t lawful is standing by his decision.

Posted: May 26, 2020 11:49 AM
Updated: May 26, 2020 11:57 AM

BAKER COUNTY, Ore. – The judge who ruled that Gov. Kate Brown’s executive orders weren’t lawful is standing by his decision.

The ruling in Elkhorn Baptist Church, et al v. Katherine Brown Governor of the State of Oregon was made May 18.

Judge Matthew Shirtcliff said at the time that because Brown did not seek approval from the Legislature to extend her orders beyond a month, they were not constitutional.


RELATED: Baker County judge hears arguments in lawsuit against Gov. Brown


Brown appealed the ruling to the Oregon Supreme Court, which put a stay on the ruling until they could hear arguments in the case.

The high court later issued an alternative writ of mandamus, ordering that Shirtcliff had to either retract his ruling or defend it. Attorney Ray Hacke, who represents the plaintiffs in suing Governor Brown, told NewsWatch 12 on Tuesday morning — before Judge Shirtcliff issued his reply — that the judge would have to "show cause" for his ruling if he decided not to vacate.

"My hunch — and my hope — is that Judge Shirtcliff will choose [to stand by the ruling]," Hacke said. "I don't presume to speak for him, of course. But I think he ruled the way he did for a reason: Religious Oregonians have been 'irreparably harmed' by Gov. Brown's actions long enough."

Because he chose the latter, according to the Supreme Court, Shirtcliff will need to give the state and churches involved in the lawsuit additional opportunities to make their arguments and explain why he is upholding his judgment.

Oregon Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 12170

Reported Deaths: 234
CountyConfirmedDeaths
Multnomah288872
Marion185953
Washington184721
Umatilla10137
Clackamas98727
Malheur3732
Union3692
Lincoln3615
Lane3053
Deschutes2680
Yamhill1989
Linn18110
Jackson1790
Polk17712
Jefferson1680
Morrow1451
Klamath1371
Wasco1171
Benton1146
Hood River1050
Douglas640
Josephine571
Clatsop550
Coos530
Columbia480
Lake240
Crook181
Tillamook160
Wallowa140
Baker120
Curry90
Sherman50
Harney20
Gilliam10
Grant10
Unassigned00
Wheeler00

California Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 324543

Reported Deaths: 7051
CountyConfirmedDeaths
Los Angeles1335493809
Riverside24765537
Orange24715423
San Diego19371422
San Bernardino19043306
Fresno828288
Imperial7827135
Alameda7731148
Kern650297
Santa Clara6298166
San Joaquin627968
Tulare5678152
Sacramento548983
Stanislaus473251
Contra Costa466190
San Francisco452250
Ventura424653
San Mateo3949112
Santa Barbara393131
Marin343430
Kings291839
Monterey268218
Solano207528
Merced188412
Sonoma170316
Placer107711
San Luis Obispo9054
Madera8938
Yolo88428
Santa Cruz5693
Napa4774
Sutter3884
San Benito3622
Butte3384
Lassen3370
El Dorado3070
Shasta1956
Yuba1923
Humboldt1654
Glenn1640
Nevada1631
Colusa1130
Mendocino1130
Lake1081
Tehama1071
Tuolumne730
Calaveras670
Del Norte600
Mono511
Siskiyou410
Amador400
Inyo351
Mariposa311
Plumas170
Alpine20
Trinity20
Sierra10
Unassigned00
Medford
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