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 because Brown did not seek approval from the Legislature to extend her orders beyond a month, they were not constitutional.
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 ruled that Shirtcliff had to either retract his ruling or uphold it.
A lawyer with the plaintiffs, Kevin Mannix, issued the following statement Tuesday:
What this means is that this matter remains in play before the Oregon Supreme Court. With this action by the Circuit Court Judge, the Governor will now be given the opportunity to file a brief before the Supreme Court by May 28, defending her Executive Orders. The plaintiffs and the intervenors will have an opportunity to file an answering brief by June 2, next Tuesday.
I am pleased that Judge Shirtcliff chose to stand by his original decision, which I firmly believe is strongly supported by proper analysis of the statutes. We will now have the opportunity to fully engage with the Governor’s representatives in front of the Supreme Court. We will make the case that the rule of law in Oregon allows continued standard regulation of public health matters, but it does not allow the Governor extraordinary powers to close down businesses and churches, beyond 28 days from the original declaration of a public health emergency.