UPDATE (10:46 a.m. PT, May 24) — Oregon’s high court said Saturday that Baker County Circuit Court faces a choice, which could shape the fate of a legal challenge to Gov. Kate Brown’s coronavirus-related executive orders.
Earlier this week, a group of churches challenged Brown’s executive orders that mandated social distancing and required businesses to close. The Baker County Circuit Court sided with the churches, stating that Brown had exceeded her authority in the length of the pandemic-related orders.
On Saturday, the state Supreme Court ruled that Judge Matthew Shirtcliff faces three choices, with a 5 p.m. Tuesday deadline. He can vacate his earlier ruling to invalidate Brown’s orders. He can argue further before Oregon’s high court about why that ruling was correct. Or he can do nothing — in which case litigation will continue at the circuit court level.
Shirtcliff had ruled that Brown’s public health provisions could not extend beyond 28 days, due to a specific section of state law. The governor’s initial emergency declaration lasted for 60 days, and she extended it for an additional 60 days earlier this month.
Hours after the Baker County court’s decision, the Oregon Supreme Court issued a stay, blocking the invalidation of Brown’s orders.
Correction: An earlier version of this story incorrectly outlined the choices facing Judge Matthew Shirtcliff following Saturday’s Supreme Court ruling.
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May 24, 2020 at 03:11AM
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Oregon Supreme Court Gives Lower Court A Choice With Its COVID-19 Ruling - OPB News
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