Oregon Supreme Court orders lower court to vacate ruling against Gov. Brown's COVID-19 measures

SALEM, OR (KPTV) – Oregon Supreme Court issued an order on Saturday directing the Baker County judge to throw out the ruling that had initially declared Governor Kate Brown’s stay-at-home orders null and void.

According to the order, Baker City Judge Matthew B. Shirtcliff has two options in moving forward: He can either vacate the order issued on May 18 which would nullify the lawsuit or present a case for why it shouldn’t vacate the order.

The Baker County Circuit Court has until 5:00 p.m. on Tuesday, May 26 to decide.

Judge Shirtcliff’s order had tossed out Gov. Brown’s statewide COVID-19 restrictions saying that Brown had not sought the Legislature’s approval to extend the stay-at-home order beyond 28-day limit. A few hours later the order was halted by the Oregon Supreme Court.

The final briefing is due June 2.

Copyright 2020 KPTV-KPDX Broadcasting Corporation. All rights reserved.

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(17) comments


With this precedent being set, my concern is that a 2nd wave hits in a few months and the blue govs issue a "shut down" order. So many people drank the Koolaid here

Sun Tzu

@gigster, the occurrence of the '2nd wave', whether or not there will be one, will be decided at 12:01am 11/04/2020. This 'pandemic', at least in the USA, has mutated from a medical issue into a political monster.


Citizens of Oregon get the 1-finger salute again. ...the same with voters who didn't want (I'll be nice) "undocumented" squatters getting ODL's and bicyclists running red lights and stop signs and Nike's property tax free ride. Make Oregon normal again.


Sad day for people of Oregon. Gov. Brown and her squad need to go. Vote them out at the next election or lets get together and do it now. She is a socialist people. If you want to have a state like Cuba. Keep her in. One of the biggest counties in Oregon is not even close to phase one and will never be able to get where she wants them to be so I hope your ready to stay closed all summer Multnomah.

Sun Tzu

Unfortunately @Rock_2020, the people of Portland have already decided that Tina Kotek will be the next governor. She will be just as bad, if not worse, than Kate Brown.


This is a situation which every Oregonian should be paying attention to. This Baker county judge, in his official capacity, and with a matter appropriately brought before his court, ruled the state was wrong to limit a citizens constitutional right to liberty, beyond any emergent situation and the state needed to follow specific procedures if it felt it was necessary to continue the suspension of individuals liberties. Then without any formal appeal being taken by the state the Oregon Supreme court upon its own, ordered a stay in enforcing that ruling, and later, again with no appeal being before that court, they take it upon themselves to "Order" this judge to reverse himself or the supreme court will do it for him. This is not how our justice system was designed to function . It should be disturbing to everyone that the supreme court would force an inferior court to disregard its own ruling in a case which clearly was appropriately before him and was elected by the people of that jurisdiction, because it set a limit on the government's authority to control the freedoms of it's citizens beyond what would be an emergency situation. We needed to flatten the curve, as it overwhelmed an entire national healthcare system ) something we have been aware would occur at some point for decades, but that a separate issue), which has been successful. Emergency over. Now the healthcare system has re-stocked the shelves and added more equipment, which they've had decades to obtain and have avaiable but failed in doing so. I think the emergency wasn't the pandemic itself but the inability of our government and healthcare system to maintain the level of readiness we would have expected of them. Corporate America selling us short at every single turn we can imagine. Anyway, the supreme court should not be issuing commands upon any lower court without first hearing the case, having been taken before then appropriately. This reminds me of old England, where the monarchy would decide what rulings were legal and which weren't , next they will have armed troops in our streets, enforcing Stay at home, or "Shelter in Place" commands. And does any one know the difference between those two? The fact is that everyone will have to become exposed to this virus regardless. One way or the other. Like polio, small pox, etc., Etc. We must develop antibodies before we can get back to normal. The courts actions are in favor of government controlling the citizenry. It was the intent that the courts should limit government intrusion upon individual rights. Where does it stop, this governors authority to make businesses collapse , cause thousands of employees to become unemployed, go hungry, loose homes and cars, etc., Where does the court draw the line, or does it have a line? I believe it of vital import that we discover the answer to that question , sooner rather than later.

Husky Loyalist

Well, that didn't take long, less than 24 hours from when the briefs were handed to Brown's (she appointed 7 of them). They follow orders very well.


That is right about Brown appointing most of the Supreme court judges. The judges can not tell a lower court to vacate his original order. They can over rule it but are to chicken to do it so they are trying to get him to change his ruling !!! What a bunch of panty waste activist judges. The whole Oregon Democrat run government and judicial system is a corrupt pig pen !!


The communist Oregon supreme court under instructions from the communist Oregon governor has ordered the lower court to stand aside or it will be punished severely.


See you next tuesday Comrade Kate


Hopefully, Judge Shirtcliff does not vacate his decision and forces the Oregon Supreme Court to hear the case. All Governor Brown had to do was follow the State's protocol and not make arbitrary decisions. If she gets away with this, it sets a presidence that can and will negatively impact our civil rights.

Sun Tzu

'Oregon Supreme Court orders lower court to vacate ruling against Gov. Brown's COVID-19 measures' Baker City Judge Matthew B. Shirtcliff should do no such thing. He made a compelling case when he did what he did.


Agreed !!!


Throw the Oregoon Supreme Court a doggie biscuit, they did what they were told.


Again I agree !!


We all saw this coming. Brownie and the rest of her thugs in Salem are not accountable to anyone.


Second that !!

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