SALEM, OR (KPTV) – The Oregon Supreme Court has put a halt on a judge’s ruling that said Oregon’s stay-at-home orders were null and void.

Baker County Circuit Judge Matthew Shirtcliff issued his opinion in response to a lawsuit filed earlier this month by 10 churches in Oregon arguing that the social-distancing directives were unconstitutional.

Shirtcliff said Oregon Gov. Kate Brown’s coronavirus restrictions, including her “Stay Home, Save Lives” order issued have expired.

“The language of that statute is precise, and the judge recognized and agreed with our argument that that 28-day time limit applies,” said Kevin Mannix, the attorney representing the plaintiffs.

Mannix says without convening the legislature and voting on it, the governor doesn’t have the power to extend that time. The judge agreed.

“It knocks out all of her stay at home orders essentially immediately,” said Oregon State associate professor of political science Rorie Solberg.

That is, unless the Oregon Supreme Court issues a stay, which the Oregon attorney general requested and was granted.

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Solberg says it’s important to note what Monday’s ruling means.

“This violates my rights, or the governor doesn’t have this power, any governor can’t tell us x, y or z and that is not at all what is being said here, and I think that is really important and now getting lost,” she said.

According to Monday’s ruling, the governor has the power under two state laws and the state constitution to issue these stay at home orders.

There is the public health emergency law, which can be issued for 14 days and re-upped by the governor for another 14.

But after that, the legislature must approve. This is the state law the court says the governor’s order falls under.

The second law is the state of emergency, which the governor says her orders fall under, but it must meet certain requirements.

Finally, the state constitution gives the governor power for catastrophic events, but that is only for 30 days. It can be upped for another 30, but after that, lawmakers have to vote.

“So, the sole question is under which section were they issued, and is it one of the ones that has a time limit where she then needs additional support to continue it,” said Solberg.

Now, it will be up to the state Supreme Court to figure out if the lower court got it right, or if they will side with the governor’s office.

Gov. Brown’s office released a statement following the court’s ruling:

“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,” the statement reads in part. “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.”

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The Supreme Court says there is no specific timeline for a decision once they take up the case.

Both sides now have until Friday to respond to the stay.

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


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(30) comments

Terrell Higgs

what is the basis? she clearly broke the law


70% of Covid deaths nationwide associated with nursing homes and elder care facilities and we do saturation bombing of the whole country:)


Time for most of Oregon to join Idaho.


Typical activist judges all appointed by Democrat governors who think they can make new laws when they are suppose to only rule on what the laws actually say that are there now !!


The crux of this is that old Kate violated the law, no matter how you look at it. And all this time, the legislature has sat on its hands and done nothing. What do we even have these people for? They don't do their jobs, and now look what we have come to.


Kate "Bolshevik" Brown,

I have a new campaign slogan for you:

"If you want a vision of the future, imagine a boot stamping on a human face - forever." (George Orwell.)


Yeah the hospitals were so OVERLOADED lol

Mr pickles

Her personal jackbooted thugs...the Brownshirt brigade.

Frederick Fukov

Well who didn't see this coming? Again, this is not your US Supreme Court, which has a common sense conservative majority. This is your Oregon Supreme Court, made up of political liberals who now OWN the West Coast. Of course that clown court was going to ignore the rule of law, side with the State's Ayotollah, and then rub salt in the would by claiming "there's no timetable to decide this." This state has become so unbelievably corrupt, and I blame the communist voters of Multnomah County. Keep in mind, this is the same Oregon Supreme Court that refused to allow a revamping of the PERS debacle, and why would they, when THEIR retirement pensions come from PERS? They should have recused themselves, because they stood to financially benefit from their own ruling. If THAT is not a conflict of interest, I don't know what is. And now this. We could have had a common sense Governor in either Dennis Richardson, or Bud Pierce. Either one would have been fine, and much better than the absolute dingbat who currently wields power over us. Knute? takes someone with a brain and personality to win over the voters. He still would have been a better Governor, but he had no clue how to get himself elected. The first thing he needed to do was to shave off that ridiculous goatee'. Then he needed to develop a little fire..a little passion, and to go after Brown like Trump went after Hillary. Kate Brown is an absolute nightmare, and you can thank all the birkenstock wearing, subaru and prius driving pods in Portland for us being stuck with her.


I think we would be friends


Same court that let Sam Adams off the hook for having sex with a minor. If you are a liberal you get to operate by a different set of rules. Time for a civil war.


Amen to that dear Fred you worded your reply to this libtard article perfectly I tip my hat to you sir....[thumbup]

Frederick Fukov

Please Janni, Sage, and mom would say; "Oh gawd..please don't encourage him."


Kate Brown is a criminal and needs to be brought to heel

Just curious

[thumbup]Problem Supreme court is in her pocket.

Husky Loyalist

No surprise. This court is packed with Democrats appointed by the corrupt Democrat governors. Judges retire in mid term and the Democrat governor appoints the Democrat replacement who then runs as the incumbent at the end of the term. Huge advantage because most Oregonians do not even know who these people are and they instinctively vote for the incumbent. It is a rigged deal so for this court it is all about payback to their Democrat Governor master.


You get what you vote for. You need a Mommy and Daddy.. vote the democrat ticket.


No doubt. The libs/dems like being told what they can and can not do, as they are incapable of any kind of independent thought.

Just curious

[thumbdown]I think not.

Sun Tzu

'Oregon Supreme Court puts halt on judge’s ruling to toss governor’s coronavirus restrictions' Mere hours. Geez, that was even faster than when the ninth circus court of appeals put a halt to, and reinstated, California's unconstitutional ammo background check law.

There is still time to get a recall campaign together and get rid of Brown the tyrant.


You can't get rid of her with a recall. The liberals control the vote and they would rather destroy the state than get rid of her worthless butt.

Sun Tzu

This 'covid-19' thing is nothing more than a smoke screen that is being used to facilitate Kate Brown's illegal and unconstitutional power grab.

pb sir

I guess we should not be surprised at this. With a bunch of liberal judges down there, we should have seen this coming...


The stay is Bovine Scat.


KPTV picks the most alien looking pic of brownie they could find lollll. Bravo!

Frederick Fukov

Dude..she's hideous. How anyone with a brain could look at ANY of her pictures, and honestly believe she's someone with actual leadership skills, is mind numbing. But that's your typical Portland resident. Whenever I'm out anywhere around Portland, I can spot 'em everywhere. They are THE most clueless humans on the planet, and I can't wait to move away from here.


"How anyone with a brain could look at ANY of her pictures, and honestly believe she's someone with actual leadership skills, is mind numbing."

Is that because her pictures are that of a woman??? Wow, your fly is unzipped.


The hospitals were never overfilled and Oregon was giving away ventilators at the height of the supposed crisis.


Any surprise here? The Oregoon Supreme Court is in the Party’s back pocket.



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