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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.

Cases: 387485

Reported Deaths: 5116
CountyCasesDeaths
Multnomah59768836
Washington41571393
Marion39592504
Clackamas32426376
Lane29856354
Jackson24672350
Deschutes23182185
Umatilla15087180
Linn14488178
Douglas13236286
Josephine10057240
Yamhill9665142
Klamath8979145
Polk813698
Benton605137
Malheur591586
Coos5573106
Columbia423855
Jefferson416865
Lincoln357252
Union336854
Crook330156
Wasco314846
Clatsop258335
Baker217531
Tillamook214345
Hood River211337
Morrow197025
Curry190136
Harney119332
Grant108314
Lake104016
Wallowa74713
Sherman1903
Gilliam1844
Wheeler1141
Unassigned00

California Coronavirus Cases

Data is updated nightly.

Cases: 5061240

Reported Deaths: 74159
CountyCasesDeaths
Los Angeles152548627128
San Diego4047084319
Riverside3849455306
San Bernardino3718825944
Orange3329505675
Sacramento1674002423
Kern1565171781
Fresno1558992246
Santa Clara1511691922
Alameda1246581504
San Joaquin1070001833
Ventura1036461188
Contra Costa1032921045
Stanislaus912991413
Tulare856141082
San Francisco56614669
San Mateo56058629
Monterey52340625
Solano47422356
Santa Barbara47035548
Merced44807664
Sonoma42912412
Placer41881468
Imperial38128769
Kings35038358
San Luis Obispo31294358
Madera26005311
Shasta25917440
Butte25295309
Santa Cruz22028222
Yolo21451257
Marin18342248
El Dorado18166161
Sutter14494181
Napa13372104
Yuba1070088
Tehama10230129
Humboldt10043117
Nevada9914103
Mendocino848894
Lassen792355
San Benito775977
Tuolumne767790
Lake6990110
Amador573766
Siskiyou470954
Glenn455136
Calaveras435685
Del Norte371242
Colusa323519
Inyo254345
Plumas19127
Mono18294
Mariposa156718
Trinity98817
Modoc7475
Unassigned2430
Sierra2170
Alpine1060
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