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Oregon Supreme Court intervenes, upholds Gov. Brown's COVID-19 executive orders

A judge in the Baker County Circuit Court approved a preliminary injunction against Governor Kate Brown, rendering her executive orders 'null and void,' but the Oregon Supreme Court has issued a stay.

Posted: May 18, 2020 9:51 PM
Updated: May 19, 2020 4:01 PM

PORTLAND, Ore. — The Oregon Supreme Court has issued a stay on the Monday Circuit Court ruling that temporarily rendered Governor Brown's coronavirus restrictions "null and void."

On Monday morning, Baker County Circuit Court judge Matthew Shirtcliff approved a request from the plaintiffs in a suit against Brown for a preliminary injunction on the order, denying a request from state attorneys for a stay on the decision.

The lawsuit itself comes from at least 10 Oregon churches and multiple individuals who argue that Governor Brown's orders are not consistent with the state constitution or legal statutes. They are represented by attorney Ray Hacke of the Pacific Justice Institute.

Governor Brown and Attorney General Ellen Rosenblum indicated that they would swiftly be filing with the Oregon Supreme Court for intervention. By Monday night, that intervention came.

“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," Governor Brown said in a statement.

The order granting a temporary stay was signed by presiding Supreme Court justice Thomas Balmer. In it, Balmer said that the court had considered both the defendants' emergency motion and objections from the plaintiffs, but had ultimately decided to grant the emergency motion for a stay.

Balmer also said that the Supreme Court would be considering the state's writ of mandamus petition, which had requested that the preliminary injunction be vacated. That writ of mandamus will be considered in the days ahead, with the plaintiffs directed to submit their responses no later than May 22.

Governor Brown's statement on the day's events continues:

“From the beginning of this crisis, I have worked within my authority, using science and data as my guide, heeding the advice of medical experts. This strategy has saved lives and protected Oregonians from the worst of the COVID-19 pandemic.

“There are no shortcuts for us to return to life as it was before this pandemic. Moving too quickly could return Oregon to the early days of this crisis, when we braced ourselves for hospitals to be overfilled and ventilators in short supply.

“The science remains clear: by physically distancing, wearing face coverings, staying home as much as possible and only gradually reopening our communities we can save lives and keep Oregonians safe.

“We all look forward to visiting our loved ones in nursing homes, sending our children to school, and going to the grocery store without fear of spreading this disease. But the simple fact remains, COVID-19 is here in Oregon, and lives are at stake.”

Oregon Coronavirus Cases

Data is updated nightly.

Cases: 132412

Reported Deaths: 1799
CountyCasesDeaths
Multnomah28237458
Washington18512171
Marion16085238
Clackamas11577138
Lane8219108
Jackson686284
Umatilla670968
Deschutes490736
Yamhill316245
Malheur312452
Linn310246
Klamath242238
Polk241340
Josephine170633
Jefferson168725
Benton168414
Douglas166643
Union110416
Wasco106323
Columbia103318
Lincoln98517
Hood River94821
Coos93315
Morrow92710
Clatsop6695
Crook60410
Baker5665
Tillamook3622
Curry3185
Lake2295
Grant2131
Harney1734
Wallowa963
Gilliam481
Sherman470
Wheeler201
Unassigned00

California Coronavirus Cases

Data is updated nightly.

Cases: 2955323

Reported Deaths: 33342
CountyCasesDeaths
Los Angeles100392313741
San Bernardino2482851560
Riverside2352352517
San Diego2098972065
Orange2093652320
Santa Clara914661060
Kern83547558
Sacramento802791080
Fresno79950932
Alameda65679757
Ventura59061412
San Joaquin56484748
Contra Costa50627430
Stanislaus41925739
Tulare40176501
Monterey34959249
San Mateo31291294
San Francisco28574254
Imperial24944463
Solano24654105
Santa Barbara23538228
Merced23492296
Sonoma23204234
Kings18661110
Placer16761173
San Luis Obispo15129128
Madera12883130
Santa Cruz11776113
Marin11345153
Yolo10240131
Shasta9594117
Butte9233121
El Dorado751544
Sutter748477
Napa723139
Lassen509413
San Benito485043
Yuba481827
Tehama397142
Tuolumne330438
Nevada309973
Mendocino307631
Amador295329
Lake243428
Humboldt226324
Glenn182419
Colusa16919
Calaveras153823
Siskiyou140813
Mono10834
Inyo92429
Del Norte8472
Plumas5735
Modoc3783
Mariposa3434
Trinity3024
Alpine730
Sierra700
Unassigned00
Medford
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