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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: 66333

Reported Deaths: 826
CountyCasesDeaths
Multnomah15240213
Washington903896
Marion8436130
Clackamas547276
Umatilla415648
Lane389037
Jackson343623
Malheur231839
Deschutes195514
Yamhill158216
Linn127518
Polk107615
Douglas82215
Jefferson77311
Benton7197
Union7172
Klamath6854
Morrow6257
Lincoln56513
Wasco47918
Josephine4434
Columbia4383
Coos3901
Hood River3661
Clatsop3350
Baker2593
Crook1986
Grant1231
Tillamook1120
Curry1052
Lake1010
Harney871
Wallowa702
Sherman230
Gilliam210
Wheeler30
Unassigned00

California Coronavirus Cases

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Cases: 1128219

Reported Deaths: 18753
CountyCasesDeaths
Los Angeles3706367446
San Bernardino851761129
Riverside815651413
San Diego72815968
Orange711161554
Kern38519445
Fresno36315471
Sacramento33421546
Santa Clara31103464
Alameda27622499
San Joaquin24649503
Contra Costa22482258
Stanislaus20658418
Tulare19818303
Ventura18105174
Imperial15257355
San Francisco14542158
Monterey13887114
San Mateo13334169
Sonoma11486155
Merced10986176
Santa Barbara10946133
Kings1011586
Solano936380
Marin7560128
Placer607167
Madera588580
San Luis Obispo566435
Yolo425775
Shasta410042
Santa Cruz389627
Butte371259
Napa277817
Sutter267713
El Dorado19304
San Benito174615
Yuba173210
Lassen14803
Tehama145723
Mendocino142422
Nevada10529
Lake83418
Glenn8326
Humboldt7849
Tuolumne7848
Colusa6426
Mono4993
Siskiyou4951
Amador45016
Calaveras43421
Inyo27916
Del Norte2731
Plumas1770
Modoc1140
Trinity1140
Mariposa1122
Alpine420
Sierra170
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